Loading...
HomeMy Public PortalAboutPlanning Board Packet 06/22/22Town of Brewster Planning Board e,gEWST Off{ O{ ELC,Eq a9F49 4) Planning Board Madalyn Hillis -Dineen Chair Amanda Bebrin Vice Chair Robert Michaels Clerk Charlotte Degen Antone Freitas Elizabeth Taylor Alexander Wentworth Town Planner Jonathon Idman Senior Department Assistant Lynn St. Cyr 2198 Main St., Brewster, MA 02631 brewplan(brewster-ma.gov (508) 896-3701 x1133 MEETING AGENDA June 22, 2022 at 6:30 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. No in -person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings Mil be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Govemment TV Channel 16), Llvestream (liveslream.brewster- ma.aov) or Video recording (tv.brewster-ma.00v). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505. To request to speak. Press *9 and wait to be recognized. 2. Zoom Webinar: https./1us02web.zoom. usiV84107781002''owd=VTVSVI ExaUNQL253NmNZV21Gdmo4dz09 Passcode: 612505. To request to speak: Tap Zoom "Raise Hand" button or type "Chat" comment with your name and address, then wait to be recognized. The Planning Board packet can be found at: htto //records brewster-ma aovlweblinkl01fol1118269lRowl .aspx or by going to the Planning Department page on the Town of Brewster website (www.brewsler-ma.qov). 1. Call to Order. 2. Declaration of a Quorum. 3. Meeting Participation Statement. 4. Citizen's Forum. Members of the public are invited to address the Planning Board on matters not on the agenda during this time. The Planning Board asks that a 3 minute maximum comment period be respected by the speaker. In order to avoid any possible interpretation of a violation of the Open Meeting Law, the Planning Board will not provide comment in return to the speaker, however the item may be moved to a future agenda if discussion is deemed warranted. 5. PUBLIC HEARING: Road Betterment Petition, Case No. 2022-03: Property Owners on Ridgewood Drive, through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., have submitted a petition requesting financing for various road repairs to Ridgewood Drive, a private way (shown on Tax Maps 25 and 26), under the Town's Betterment and Assessment program in accordance with and pursuant to Chapter 157, Article VIII, of the Brewster Code. The Planning Board will consider and potentially vote whether to endorse the petition plan. 6. Discussion and potential vote to recommend Select Board appoint Planning Board representatives to the Vision Planning Committee and Water Quality Review Committee. 7. Discussion and potential vote to delegate enforcement authority/designate enforcement agent(s) under Brewster Stormwater Management Bylaw. 8. Discussion and review of draft administrative forms and documents prepared by staff to implement the Brewster Stormwater Management Bylaw. 9. Approval of Meeting Minutes: May 25, 2022 and June 6, 2022. 10. For Your Information. 11. Matters Not Reasonably Anticipated by the Chair. 12. Next Meetings: July 11, 2022 (joint meeting with Select Board), July 13, 2022 and July 27, 2022. 13. Adjournment. Date Posted: 06/15/22 Date Revised: Received by Town Cie ROAD BETTERMENT PETITION CASE NO. 2022-03 APPLICANT: PROPERTY OWNERS ON RIDGEWOOD DRIVE MEMORANDUM TO: FROM: RE: DATE: Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Planning Board Planning Dept. Planning Board Jon Idman, Town Planner Endorsement of Private Road Betterment Petition Plan- Ridgewood Drive June 13, 2022 Staff Recommendation A hearing on the above -referenced matter has been scheduled for the Planning Board's June 22, 2022 meeting. Staff's recommendation is that the Planning Board vote to endorse the petitioners' private road betterment plan for Ridgewood Drive entitled "Ridgewood Drive- Road Betterment, Site Plan for Road- Schematic, Ridgewood Drive, Brewster, MA.," prepared by J.M. O'Reilly & Associates, Inc., revised dated 6/3/2022. As a condition of this endorsement, the Planning Board may want a certification from the petitioners' project engineer that the useful life of the proposed repairs is at least 15 years. Background The Town offers a betterment program to finance repairs of private roads under Chapter 157, Article VIII of the Brewster Code, for a term of up to 15 years. Owners along Ridgewood Drive have brought such a petition. Ridgewood Drive is a private way laid out and approved under the subdivision control law in its current form in 1988 (recorded in Plan Book 450 Page 94). It has presumably been open to public use since its completion (i.e. for at least 5 years). Ridgewood Drive is on the south side of Main Street essentially across from Drummer Boy Park. Proposed work includes new drainage and repaving of an approximate 75 ft length of road as the road intersects Main Street. The work is more particularly depicted on the plan referenced above, submitted to the Planning Board. The amount proposed to be financed and appropriated for repairs is $85,120 which includes the required contingencies, interest, administrative fees and the total cost of work based on three local estimates submitted. Staff Memorandum 06/13/2022, PB2022-03 Ridgewood Drive Betterment Petition Plan, Page 1 Brewster Code Chapter 157- Betterment Petition Process The Petitioners have met with the Town Planner and DPW Director to review the plan. Staff comments were incorporated into the plan now pending before the Board for review. Notwithstanding the betterment, the road would remain private, though open for public use, which means that liability and maintenance obligations would remain with the private owners. As a condition of filing the petition, the petitioners were required to irrevocably agree in writing to repay the Town for the work through a real estate tax betteinnent. Relevant provisions from the Code provide that the plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years (this aligns with the maximum teiui of financing allowed through the betterment). This was not provided in the subject petition. The Selectboard initially received the petition and referred it to the Assessor's Office for verification of signatures and confirmation that more than 50% of road abutters had signed it (unbuildable lots are excluded). After confirmation by the Assessor, the Selectboard took up the matter at a recent meeting and detettnined that the proposed repairs are in the public interest and within the financial capability of the Town. Planning Board Hearing After its review, the Select Board referred the petition to the Planning Board for a public hearing. The Planning Board's role in the petition process is to evaluate the plan, examine the cost estimates, and hear from both the abutters and the general public. Road repairs funded under the betterment program need not be brought up to full Town road standards. The Planning Board shall either endorse the petition plan, including with recommended changes in its costs or scope; or disapprove it. Betterment Petition- Next Steps If endorsed by the Planning Board, the Selectboard could place the petition on the warrant for the next available Town Meeting (Fall 2022), subject to reconfittiiation by more than 50% of the abutters prior to Town Meeting. If Town Meeting appropriates the repair funds, the Town Administrator oversees the bid process. The DPW Director ultimately inspects the work to confirm that the work has been completed per plan, and so advises the Town Accountant to authorize release of payment for the work. Staff Memorandum 06/13/2022, PB2022-03 Ridgewood Drive Betterment Petition Plan, Page 2 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Road Betterment Petition Case No. 2022-03 APPLICANT/OWNER: Property Owners on Ridgewood Drive REPRESENTATIVE: John M. O'Reilly, P.E. P.L.S. of J.M. O'Reilly & Associates, Inc. MAP/LOT: Maps 25 and 26 PROPERTY ADDRESS: Ridgewood Drive Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator It does not appear that the proposed work is within 100 feet of wetlands, so the Conservation Commission has no comments. Dept. of Public Works Comments received from Patrick Ellis, Superintendent A MassDOT access permit may be required for the work proposed within the MassDOT right-of-way. Fire Dept. Comments received from Chief Robert Moran During the project, access for emergency vehicles to homes on the road shall be maintained. Health Dept. Comments received from Sherrie McCullough, Assistant Health Director The Health Department would be looking for confirmation that no existing leaching facilities are located within 25 feet of the proposed road drainage structures. Natural Resources Comments received from Chris Miller, Director of Natural Resources One comment in reviewing the application. Bylaw section C says . . . "The petition shall not be presented to the Selectmen unless 50% of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it." They have signatures from 8 of the 15 abutters. 7 is not 50% of 15; I think they need one more signature. Police Dept. Comments received from Lt. Charles Mawn The Police Department has no issues with the permit. A detail officer would be required if the work impacts traffic on Rt 6A. PB#2022-03 www.brewster-ma.gov Page 1 of 1 6/17/2022 Lynn St. Cyr From: Erika Mawn Sent: Tuesday, May 10, 2022 10:31 AM To: brewplan Cc: Conor Kenny Subject: Ridgewood Drive Betterment Petition Attachments: PACKET -Ridgewood Drive Betterment.pdf Good Morning, At the Select Board meeting last night, they voted to refer the attached petition to the Planning Board. The documents attached is what was in the packet for the meeting. Thank you, Erika Erika .7Vlawn Executive Assistant to the Town Administrator 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1100 www.brewster-ma.gov Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:OOpm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma. pov 1 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1237 FAx: (508) 896-8089 Memo to: Brewster Select Board From: James Gallagher, Deputy Assessor Date: March 10, 2022 CC: Peter Lombardi, Town Administrator Conor Kenny, Project Manager RE: Road Betterment Petition: Ridgewood Drive OFFICE OF: BOARD OF ASSESSORS I have reviewed the Road Betterment Petition referenced above. In accordance with paragraph D of the Code of the Town of Brewster Chapter 157 Section 20 as amended by Article 23 of the May 15, 2021 Town Meeting, the petition includes 8 of the 15 abutting property owners of record as of March 10, 2022 (53%). W W W.BREWSTER-MA.GOV 712#61.-.6, .4§ i titan,, 6401. j � .17g• j r ll+ � twat 1ar ` Grp !� 'A/2 71 'flv66 /Qv, RECEIVED JUN 1 3 202 BREWSTER MANNINO BOARD ZONING BOARD OF APPEALS -- 9 Lynn St. Cyr From: Robert Foscaldi <bobfdscl@gmail.com> Sent: Monday, June 13, 2022 2:26 PM To: Lynn St. Cyr Subject: Re: Requesting any info regarding work done at Ridgewood Drive entrance Attach ments: Ridgewood_5 jpg; Ridgewood_2 jpg; Ridgewood_1 jpg; Ridgewood_3jpg; Ridgewood_ 4.jpg; Ridgewood 6 jpg Mi Lynn, I took some pictures of the entrance of Ridgewood after we got some heavy rain today and also a few days ago. The pictures show the problem and the reason for the proposed project. I'm sending them to you in case they might be helpful during the planning board hearing on June 22nd. Bob V ' ETI_T Y. & ASSOCIATES, IN •v{))�:r _, PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES She Deve]opment • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting Ridgewood Neighborhood Memorandum Date: December 14, 2021 To: Town of Brewster, Assistant Town Administrator From: John M. O'Reilly, P.E., P.L.S. J.M. O'REILLY & ASSOCIATES, INC RE: Construction Estimates for Road and Drainage Repair Ridgewood Drive, Brewster Attached please find three (3) estimates for the proposed road and drainage improvements at the entrance of the above referenced project. The three bids are from Northeast Construction, Inc., Dirtworks, and Barrows Excavating with bid amounts of $77,127, $86,760, and $33,000 respectively. Using the costs generated by the three contractors, the following will be applied to develop the anticipated costs represented on the Proxy for the Town of Brewster. Construction Costs: (77,127 + 86,760 + $33,000) / 3 = Legal Expenses: ($150.00 x 14 owners) = Engineer Oversight (Estimated) Sub Total: 10 % Contingency: 4% Administrative Fee: 3% Bonding & Temp Interest: Grand Total: $ 65,630.00 $ 2,100.00 $ 5,000.00 $ 72,730.00 $ 7,300.00 $ 2,910.00 $ 2,180 .00 $ 85,120.00 COST PER OWNER: $ 85,120 / 14 OWNERS = $ 6,080 per Owner 1573 MAIN STREET, P.O. Box 1773, BREwsTER, MA 02631 ' PHONE: (508) 896-6601 • FAx: (508) 896-6602 W W W.JMOREILLYASSOC.COM !NORTHEAST CONSTRUCTION Septic Sysiclns and E\ckwailoll Corp. P.O. Box 2350 32 Saris Ann 1 tine. Brewster. MA 0263i Td4. plwne (508) 896-7713 i3 ]oil Eve (866) $96-77.13 }'t« 1511 ) t:jt,4i532 \Y«w.northe i lconslrulctioiieorp.com December 13, 2021 J. M. O'Reilly & Associates, Inc, 1573 Main Street Brewster, MA 02631 Dear Mr. O'Reilly, The following is a BUDGET proposal for the drainage installation located on Ridgewood Drive, Brewster, MA per plan drawn by J.M. O'Reilly & Associates, Inc. dated November 26, 2021. The contractor will supply the materials, equipment and labor necessary to complete the project The proposed work is listed as follows: ➢ Pulverize 2,000 s.f. of roadway and reuse and grade as base material For the existing road. Install a drainage system as per plan to include replacement of two catch basins and two 10' x 6' leaching pits.......... $46,637.00 Furnish and install 2" of asphalt for the binder course and 1 '/z" of asphalt for the finish course. Loam and hydroseed the roadway shoulders.................. ... . . . ... ... . . . .. . ... ... ... ... ... ... ... ..... . .......... .. . . . . $30,490.00 The total price for the above work is..... $77,127.00 If you have any questions regarding this budget proposal for the Ridgewood betterment project, please contact us at (508) 896-7713. I thank you for the opportunity to price this work and look forward to hearing from you. Respec ully, 77La( Thomas O'Hara Project Coordinator Robert S. Tulloch President Accepted Date Site Work Paving J.M. O'Reilly & Associates, Inc, 1573 Main Street Box 1773 Brewster, MA 020631 Excavation 12/14/21 Asphalt Services Bid 2021 1129 M.C.E. Dirtworks, Inc. proposes to furnish all labor and any materials noted below for the following site services at the referenced location. Road Construction at Ridgewood Drive, Brewster MA plan dated 11/26/21 - Reclaim 2,000 SF ofroadway - Reuse reclaimed material to substantiate subgrade - Install drainge system to plan spec - Paving 2" binder course asphalt - Paving 1.5" topcoat asphalt - Loam and hydroseen shoulder in work area $86,760.00 Thank you for the opportunity afforded us in offering this proposal. This estimate may be withdrawn by us if not accepted within 30 days. Payment schedules will be agreed upon before commencement of work; to include a non-refundable deposit of $100.00 for small residential; and an agreed upon deposit for larger jobs. M.C.E. Dirtworks, Inc. is hereby authorized to furnish all materials and labor required to complete above stated work, for which the undersigned agrees to pay the amount specified in said proposal. Acceptance: Respectfully Submitted, Michael C. Escher President M.C.E. Dirtworks, Inc. THIS ESTIMATE IS FOR COMPLETING THE SOB AS DESCRIBED ABOVE. IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE MATERIAL PRICE INCREASES (LAPA) OR ADDITIONAL LABOR AND MATERIALS T S WHICH MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE Aim& THE WORK HAS STARTED. CUSTOMER ALSO AGREES TO PAY ALL REASONABLE COSTS OF COLLECTIONS INCLUDING ATTORNEY FEES AND COURT COSTS AND ALL OTHER EXPENSES INVOLVED IN THE COLLECTION OF CONTRACTED BALANCES OWED TO M.C.E. DIRTWORKS, INC. F1: 508.240.5541 Fax: 508.240.5527 www.dirtworkscapecod.com info@dirtworkscapecod.com 15 fenwich Road, Sa wich, MA 02645 SITE WORK PROPOSAL 2 Vineyard Lane Harwich, MA 02645 (508) 430-2663 Customer Name: Ridgewood Drive Road Betterment Project Name: Ridgewood Drive Brewster Ma Customer Address Protect Address: SAME AS ABOVE Contact Number WORK ORDER DESCRIPTION AMOUNT Site Work Pulverizing 75 Feet of Roadway and Regrade Remove Existing Catch Basins and Leaching Pits Install Drainage System per J. M. Oreilly plan Dated 11-26-21 install 2inches of Class I Bituminous Binder Course 2,000sf Install 2inches of Class I Bituminous Finish Course 2,000sf $3,000.00 $2,000.00 $19,000.00 $4,000.00 $5,000.00 Project Total $33,000.00 PAVEMENT DETAIL: NOT TO SCALE SHOULDERS TO BE LOAMED AND SEEDED 24'±- MATCH EXISTING RE-ESTABLISH CROWN 11'±- MATCH EXISTING 3.0' 11'±- MATCH EXISTING 1/4" PER FOOT PITCH 1/4" PER FOOT PITCH SUBSTRATUM 1 1/2" FINISH COVER (ROLLED) 2" BINDER COURSE (ROLLED) GENERAL NOTES: 1.) CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING, LOCATING AND PROTECTING ALL ABOVE GROUND AND UNDERGROUND UTILITIES PRIOR TO AND DURING CONSTRUCTION. CONTRACTOR SHALL CONTACT DIG -SAFE, ON TARGET LOCATING AND BREWSTER WATER DEPARTMENT, AS APPLICABLE, FOR MARKING OF ALL PUBLIC AND PRIVATE UTILITIES. 2.) ALL COMPONENTS USED SHALL BE RATED FOR H-20 WHEEL LOADS. 3.) ALL WORKMANSHIP PROVIDED SHALL BE IN CONFORMANCE WITH THE TOWN OF BREWSTER'S D.P.W. SPECIFICATIONS. 4.) ALL DISTURBED AREAS AND THE SHOULDERS SHALL BE LOAMED AND SEEDED WITH "HARMONY " GRASS SEED MIX. DRAINAGE: 5.) ALL PROPOSED DRAINAGE SHALL BE INSTALLED AS SHOWN ON THE PLAN VIEW. 6.) ALL COMPONENTS OF THE DRAINAGE SHALL BE CAPABLE OF HANDLING H-20 WHEEL LOADS AND ALL CAST IRON FRAMES AND ACCESS COVERS SHALL BE BROUGHT TO FINISH GRADE. PAVEMENT: 7.) TOTAL LENGTH OF ROAD TO BE PULVERIZED AND REPAVED = 75 FEET 8.) TOTAL WIDTH OF NEW PAVEMENT SHALL BE APPROXIMATLEY 24 FEET WIDE AND MATCH EXISTING PAVEMENT WIDTHS. 9.) ROADWAY SHALL BE PULVERIZED FROM EDGE OF PAVEMETN ALONG ROUTE 6A AND EXTEND INTO RIDGEWOOD DRIVE 75 FEET. TOTAL AREA OF PULVERIZATION IS 2,000 SF±. FLOW PROFILE FROM DRAINAGE SYSTEM: NOT TO SCALE 24"x24" Cast Iron Frame and Grate Use EJIW LF248-2 OR EQUAL RIM ELEVATION = 29.5± (T.B.D.) Pitch 24" Diam. Cast Iron Frame and Cover Labeled "DRAIN" and Raised to Grade Use EJIW LK 110A or Equal (COVER ALL UNITS) FINSH GRADE EL=31 TO 32 5.0' SUMP 1 2.9' 5' DIA 12" Dia HDPE Pipe INVERT ELEV=26.0± (T.B.D.) 5' DIAMETER Solid Catch Basin WITH A 5' SUMP AS MANUFACTURED BY SHOREY OR EQUAL H-20 RATED 7.3'± 12' Dia HDPE Pipe At 0% pitch `.— INVERT ELEV = T.B.D.• 6'x2' LEACH SHIM 4.0' 7.3'± 6'x2' LEACH SHIM 12" Dia HDPE Pipe At 0% pitch INVERT ELEV = T.B.D. 7.3'± 6'x2' LEACH SHIM i 2 6- i 7 PROPOSED 10' FOOT DEEP -ROLLING ASPHALT BERM ALONG ENTRANCE / SEE NOTES Existing Catch Basins TO BE REMOVED AND REPLACED WITH TWO (2) SOLID CATCH BASINS, INTERNAL DIAMETER 5 FEET., CONNECTED BY 12 INCH DIA. HDPE PIPE. i — —28— Filter fabric 3/4"- 1-1/2" Stone (DOUBLE WASHED) 6.0' 1 6.0' —1k— 4.0' 34.0' 34.0' X 12.0' X 8' LEACHING GALLEY 6.0' —1c-4.0' USE THREE (3) LCB-1000-H-20 & THREE (3)- 6' x 2' LEACHING SHIM AS MANUFACTURED BY SHOREY OR EQUAL WITH STONE AROUND (SEE LEACHING GALLEY PLAN VIEW)) BOTTOM OF GALLEY ELEV = 18.7± (T.B.D.) .0a>\ F,,*\s C)'S i 0 X29 9 i \ \ i \ 20 7 \ i i N 40 6 \ 60 SCALE 1" = 20' \ \ / 0 X29 3 'sting Catch Basins within Highway Layout / Existing Landscape Wall' Existing 6'x6' Leach Pit with Stgne (Total of 2 pits) TO BE ABANDONED / / PROPOSED SAW CUT 3$i \ \ /G 0 —34-- 2 / / Existing Drainage Easement / PROPOSED DRAINAGE LEACHING F' ' LITY / ONE(1)/34' x 12' x 8' LEACHING LLEY: THREE (3) 6' x 6' LEACH ' T WITH 2' LEACH SHIM /AND 3' OF STONE 0 IDES AND 4' ON ENDS / 7 / REVISED 6-3-2022: RELOCATED DRAINAGE UNDER EXISTING PAVEMENT RIDGEWOOD DRIVE- Road Betterment C/O BRADFORD MALO 62 RIDGEWOOD DR. BREWSTER, MA 02631 SITE PLAN FOR ROAD- SCHEMATIC RIDGEWOOD DRIVE, BREWSTER, MA J.M. O'REILLY & ASSOCIATES, INC. Professional Engineering & Land Surveying Services 1573 Main Street — Route 6A P.O. Box 1773 (508)896-6601 Office Brewster, MA 02631 (508)896-6602 Fax DATE: 11-26-2021 SCALE: As Noted BY: I CHECK: JO I JMO JOB NUMBER: JMO-9149 G:\AAlnhs\MAI 09149\f)WG\9149 SITE PI AN- (7)NCFPT 'ITF PI AN rdwg Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 What is a “Private Road Betterment”?  “Private road betterment” refers to the Town facilitating the repair/paving of the private road that you reside on. The construction costs of road and/or drainage repairs are then financed through an assessment on your Brewster property tax bills for a specified number of years.  If you own property on a private road in Brewster which has been open for public use for at least five years, it may be possible for the Town to assist with the repair. See Private Road Betterment Bylaw (attached to this email), as amended by Town Meeting in May 2021, for more details. Engaging an Engineer  The Town of Brewster does not determine the scope of work for each project – this is done by property owners on the roads in question. The Town is a facilitator of the betterment process.  To initiate this process, you must first contact an engineer experienced in road construction and repair who can survey the road in question to develop a plan.  The plan must note the predicted useful life of the private way after repairs (at least 15 years).  After the plan has been prepared, the engineer must secure at least three (3) cost estimates from established contractors to complete the work. The cost estimate averages the three (3) quote amounts, anticipated legal and construction management expenses, a 10% contingency, a 4% administrative fee, and estimated interest costs (3-5%).  The costs of preparing the plan, obtaining cost estimates, and preparing the petition described in the next section is the responsibility of the petitioners.  The survey work and initial plan development are upfront costs that will not be included in the betterment calculations even if the project is ultimately approved. Preparing the Petition  After receipt of the bids, the petitioners must circulate a petition form to all eligible residents on the private way (see Section G of the Town bylaw for details on eligibility standards).  Please contact Conor Kenny in the Town Administrator’s Office at ckenny@brewster-ma.gov to obtain the petition forms.  The petition must be signed by more than 50% of all the abutters on the road (simple majority vote) as verified by the Assessor’s Office.  You must then submit the completed petition, engineer's plan, map of the private way to be repaired, and supporting documentation for the cost estimates to the Select Board.  The Select Board will then refer the petition to the Planning Board if they determine that the proposed repairs are in the public interest and are within the financial capabilities of the Town. Office of: Select Board Town Administrator Planning Board Review  The Planning Board will conduct a public hearing on the petition to examine the plan and hear from abutters and the general public, before voting to approve, modify, or disapprove the plan.  Please note the filing deadlines below for review of the petition by the Planning Board. Because the Planning Board is required to advertise public hearings on betterment petitions, the filing deadline is approximately a month and a half before the actual hearing date. 2022 Planning Board Schedule Filing Deadline Hearing Date* Advertisement Dates December 1 January 12 December 24, 31 December 15 January 26 January 7, 14 December 29 February 9 January 21, 28 January 12 February 23 February 4, 11 January 26 March 9 February 18, 25 February 9 March 23 March 4, 11 March 2 April 13 March 25, April 1 March 16 April 27 April 8, 15 March 30 May 11 April 22, 29 April 13 May 25 May 6, 13 April 27 June 8 May 20, 27 May 11 June 22 June 3, 10 June 1 July 13 June 24, July 1 June 15 July 27 July 8, 15 June 29 August 10 July 22, 29 July 13 August 24 August 5, 12 August 3 September 14 August 26, September 2 August 17 September 28 September 9, 16 August 31 October 12 September 23, 30 September 14 October 26 October 7, 14 September 28 November 9 October 21, 28 November 2 December 14 November 25, December 2 *Planning Board meets the 2nd and 4th Wednesdays of each month unless noted due to Town Meeting or a Holiday. Returning Proxy Votes Before Town Meeting  If the Planning Board approves the plan, the Select Board will then send out proxy voting forms to all abutters, noting scope and cost changes (if any).  Please not that should the Planning Board decide to continue the hearing, the window to return proxy votes will be shorter.  The proxies must be returned at least 45 days prior to the Town Meeting at which they are to be considered.  If more than 50% of the proxy votes are returned within this timeframe indicating support for the project, the Select Board will place the article on the next available Town Meeting Warrant. Financing  Long-term financing may be issued by the Town for up to fifteen-years (see example below).  Residents can choose to finance their share of the assessment in 1, 5, 10, or 15 year increments. Bid and Project Completion  If Town Meeting votes to endorse and finance the project, the engineer who did the original plan must prepare a new invitation to bid, with the bids to be directed to the Town Administrator.  The engineer and the Town Administrator will award the bid to the contractor who provides the lowest cost quotation and demonstrates that they are responsible and responsive, consistent with state procurement requirements.  The engineer will provide the Superintendent of Public Works with regular updates throughout each phase of the project.  Once the repairs are completed, the road remains a private way. Next Steps  If, after reviewing this process, you and your neighbors remain interested in pursuing a private road betterment, please contact Conor Kenny in the Town Administrator’s Office at ckenny@brewster-ma.gov to arrange an introductory meeting. We also ask that you identify a primary contact to communicate with the Town of Brewster throughout the process. NORTH POND DRIVE- ROAD BETTERMENT BETTERMENT APPORTIONMENT 15 YEAR EXAMPLE TOTAL BETTERMENT ASSESSMENT:10,561.00$ 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR 5TH YEAR APPORTIONMENT BALANCE 10,561.00$ 9,856.93$ 9,152.87$ 8,448.80$ 7,744.73$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)528.05$ 492.85$ 457.64$ 422.44$ 387.24$ PAYMENT PER FISCAL YEAR 1,232.12$ 1,196.91$ 1,161.71$ 1,126.51$ 1,091.30$ 6TH YEAR 7TH YEAR 8TH YEAR 9TH YEAR 10TH YEAR APPORTIONMENT BALANCE 7,040.67$ 6,336.60$ 5,632.53$ 4,928.47$ 4,224.40$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)352.03$ 316.83$ 281.63$ 246.42$ 211.22$ PAYMENT PER FISCAL YEAR 1,056.10$ 1,020.90$ 985.69$ 950.49$ 915.29$ 11TH YEAR 12TH YEAR 13TH YEAR 14TH YEAR 15TH YEAR APPORTIONMENT BALANCE 3,520.33$ 2,816.27$ 2,112.20$ 1,408.13$ 704.07$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)176.02$ 140.81$ 105.61$ 70.41$ 35.20$ PAYMENT PER FISCAL YEAR 880.08$ 844.88$ 809.68$ 774.47$ 739.27$ 4.00$ RELEASE FEE 743.27$ **EXAMPLE** 15 YEARS APPORTIONMENT TOTAL COST OF BETTERMENT APPORTIONED 15 YRS $14,789.40 + COST OF RELEASING LIEN AT REGISTRY OF DEEDS Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 GENERAL BYLAW/Private Road Betterment § 157-20 Repair by Town. A. In the event that a group of property owners who own property on a private road which has been open for public use for at least five years wish the Town of Brewster to finance the repair of their private way, they shall engage an engineer experienced in road construction and repair who shall survey the road in question to develop a plan for the repair of that private road which shall take into consideration the need for additional drainage, new berms, driveway aprons to protect the edges of the repaired road, the filling of existing cracks and the application of one or more layers of bituminous concrete. B. The plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years. All costs of preparing the plan, obtaining cost estimates and preparing the petition described below shall be the exclusive responsibility of the petitioners. C. After the plan has been prepared, the property owners' engineer shall secure at least three bids from established contractors to complete the work outlined in the engineer's plan. After receipt of the bids, the property owners shall prepare a petition to the Select Board for the Town of Brewster to finance the work in an amount certain, including a ten-percent contingency amount. The petition shall list the parcels by lot number and map number together with the owners' names of record with a space for each owner to place his or her signature. The petition must state that each signature represents an irrevocable agreement by each signatory to repay to the Town of Brewster, through the mechanism of a betterment added to each owner's real estate tax bill, his or her pro-rata share of the total amount to be financed plus interest and administrative costs, which Town administrative costs shall not exceed 4% of the project. The petition shall not be presented to the Selectmen unless 50% of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it. D. The petition, accompanied by the engineer's plan, a map of the private way to be repaired and backup for the cost estimates shall be submitted to the Selectmen's Office. The Selectmen shall refer every such petition to the Assessor's Office for verification of signatures and confirmation that more than 50% of abutters have signed. The Selectmen shall consider all submitted petitions that pass the Assessor's examination. If the Selectmen determine that the proposed repairs are in the public Office of: Select Board Town Administrator interest and if the Selectmen determine that these repairs are within the financial capability of the Town, the Select Board shall refer each petition so determined to the Planning Board which shall conduct a public hearing on each petition to evaluate the plan, examine the cost estimates and hear from both the abutters and the general public. The Planning Board shall either endorse the plan by a simple majority vote and return it to the Selectmen, recommend changes in costs or scope of the plan or disapprove the plan by a simple majority vote. E. If the Planning Board approves any such plan, the Select Board may place the plan on the warrant for any special or annual Town Meeting. The Select Board shall thereafter send out proxies to the abutters noting scope and cost changes, if any. The proxies must be returned at least 45 days prior to the Town Meeting at which they are to be considered. If the proxies are returned within such time, the Selectmen may place the project on the Town Meeting Warrant, provided that more than 50% of the abutters approve the plan as approved by the Planning Board. Long-term financing may be issued for said project by the Town for up to a fifteen-year period. F. If the Town Meeting votes to endorse and finance the project, the engineer who did the original plan shall be named "Project Manager." He shall prepare a new request for quotations with the bids to be directed to the Town Administrator. The Project Manager and the Town Administrator shall select the best bid to do the work. The Project Manager shall advise the Superintendent of Public Works 48 hours in advance of each phase of the project and certify, in writing, to the Superintendent of Public Works that each phase of the work has been completed to the Project Manager's satisfaction. The Superintendent of Public Works shall inspect the completed work and certify to the Town Accountant that the work is completed so that payment can be made. G. For a group of private roads within a subdivision, the same procedure shall be used for any petition filed on or after July 1, 2019, provided that a majority of the owners of the lots abutting the group of private ways to be repaired signs the petition required by Subsection B above. Where a lot has frontage on, and derives access from, more than one group of roads, the owner of such lot shall be entitled to only one vote. Owners of lots that are assessed as unbuildable and lots that may not be built upon pursuant to a deed restriction, conservation restriction or other recorded instrument shall not be entitled to vote, and such lots shall not be subject to betterment assessments hereunder. H. The Town of Brewster shall incur no liability for any damages of any nature whatsoever arising from the project by virtue of the Town's agreeing to finance any repair of a private subdivision way. The abutters who accept Town financing shall be deemed to have indemnified and held the Town harmless against any and all such claims. I. Any private way improved under the provisions of this bylaw need not be brought up to full Town road standards. Any private way improved under the provisions of this bylaw shall continue to remain a private way. DISCUSSION AND POTENTIAL VOTE TO RECOMMEND SELECT BOARD APPOINT PLANNING BOARD REPRESENTATIVES TO VISION PLANNING COMMITTEE AND WATER QUALITY REVIEW COMMITTEE Brewster Vision Planning Committee Charge PURPOSE: The Vision Planning Committee (VPC) will continue to foster public outreach and communication around the implementation of the 2018 Vision Plan and work with Town staff and the community to develop a Local Comprehensive Plan (LCP) based on the Vision Plan Goals. APPROACH: The Vision Plan Goals will serve as the VPC's framework for development of the LCP for review and certification under the Cape Cod Commission's Regional Policy Plan. The Vision Planning Committee (VPC) will hold quarterly forums and other communication activities to engage and educate the public on the Vision Plan, the implementation progress of Actions identified in the Vision Plan, and the LCP development process. The VPC will also present quarterly progress updates to the Select Board on Vision Plan implementation and LCP development. The VPC will prepare a draft LCP to submit to the Commission 12 months after convening. Following Commission review and acceptance, the LCP will be presented to Town Meeting for adoption within 18 months of the VPC convening. MEMBERSHIP: The VPC will be comprised of nine (9) members appointed by the Select Board and will include two (2) Vision Advisory Group members and two (2) Planning Board members. Five (5) at large resident members will be appointed based on their knowledge of planning processes, the 8 -building blocks of the Vision Plan, and the ability to objectively shepherd the LCP process. Initial appointments will be staggered, and consist of 3 three year term members, 3 two year term members, and 3 one year term members. Thereafter, the appointment terms will all be 3 years. The Select Board will appoint a liaison to the VPC as well. The VPC will be staffed by the Town Planner and consultant services, as authorized. Other Town Staff may be made available to the VPC by the Town Administrator. 2022 Vision Planning Committee -- .�_ �� Month ___ ��___��___. Day January 3 January Tuesday, 18 February 7 February Tuesday, 22 March 7 March 21 April 4 April Tuesday 19 May 2 May 16 June 6 June 27 July 18 August 1 August 15 September 19 October 3 October 17 November 7 November 21 December 5 December 19 own of Brewster, MA Ecode360 https://ecode360.cown/print/BR1068?guid=7607335 Town of Brewster, MA Tuesday, June 14, 2022 Chapter 179. Zoning Article Xl. Water Quality Protection District § 179-55. Definitions. [Amended 11-17-2008 FYTM, Art. 17] As used in this article, the following terms shall have the following meanings indicated: AQUIFER Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. BEST MANAGEMENT PRACTICES Any structural or nonstructural mechanism designed to minimize the impact of non -point source pollution on receiving waters or resources, including, but not limited to: detention ponds, construction or installation of vegetative swales and buffers, street cleaning, reduced road salting, and public education programs. [Amended 11-15-2021 FYTM by Art. 10] BUILDER'S ACRE A unit of land measure equal to 40,000 square feet, which is considered a building acre in accordance with standard real estate practices. COMMERCIAL FERTILIZERS Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed by its manufacturer to have value, in promoting plant growth. Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. EARTH REMOVAL The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock. Mining activities are considered earth removal, whether the disturbed natural materials are removed from the site or reworked on the site. DEP The Massachusetts Department of Environmental Protection. DEVELOPMENT The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or extension of the use, of land. DISCHARGE The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material or waste upon or into any land or of 4 6/14/2022, 11:02 AM Cown of Brewster, MA Ecode360 https://ecode360.com/print/BR1068?guid=7607335 water so that such hazardous waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on -site leaching structure or sewage disposal system. HAZARDOUS OR TOXIC MATERIALS Any substance or mixture of physical, chemical or any infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Brewster. Hazardous or toxic materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in quantities greater than normal household use; and all substances defined as hazardous or toxic under MGL c. 21C and MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR 40.0000), and 310 CMR 30.000, HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF Any or all of the following: A. Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator; and B. Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on site at any time, including oil not used for heating or to supply an emergency generator; and C. A quantity of hazardous waste at the very small quantity generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.353. HISTORICAL HIGH GROUNDWATER TABLE ELEVATION A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey. IMPERVIOUS SURFACE Material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. LANDFILL A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land, pursuant to 310 CMR 19.006.. LOT As per § 179-2, Definitions, MINING The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock whether the disturbed natural materials are removed from the site or reworked on the site. [Amended 11-15-2021 FYTM by Art. 10] NITROGEN MANAGEMENT The process of ensuring that nitrogen generated by land uses does not exceed established capacities of the resources receiving nitrogen inputs. NONSANITARY WASTEWATER Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities 2 of 4 6/14/2022, 11:02 AM 'own of Brewster, MA Ecode360 https://ecode360.com/printBR1068?guid-7607335 specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6). OPEN DUMP A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.c. § 4004(a)(b)j, or the regulations and criteria for solid waste disposal. PETROLEUM PRODUCT Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane. POTENTIAL DRINKING WATER SOURCES Areas that could provide significant potable water in the future. PROCESS WASTEWATER All wastewater disposed of on site other than sanitary wastewater. RECHARGE AREAS Areas that collect precipitation or surface water and carry it or have it pumped to aquifers. Recharge areas may include areas designated as Zone I, Zone II or Zone III. SEPTAGE The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste•receptacles. Septage does not include any material that is a hazardous waste, pursuant to 310 CMR 30.000. SLUDGE The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility. STORMWATER MANAGEMENT The process of ensuring that the magnitude and frequency of stormwater runoff does not increase the hazards associated with flooding and that water quality is not compromised by untreated stormwater flow. SUBDIVISION The division or redivision of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in accordance with MGL c. 41 § 81 L. TIGHT TANK Any and all containers or devices with regard to or used for wastewater disposal as defined and regulated by the State Sanitary Code, 310 CMR 15.260. TREATMENT WORKS Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal. VERY SMALL QUANTITY GENERATOR Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely of 4 6/14/2022, 11:02 AM Town of Brewster, MA Ecode360 https:l/ecode360.comlprintIBR1068?guid= 7607335., hazardous waste as defined in 310 CMR 30.136. WASTE OIL RETENTION FACILITY A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A. WATER QUALITY REVIEW COMMITTEE (WQRC) Committee to be appointed by the Select Board to include seven members; one member each from the Select Board, Board of Health, Planning Board, Conservation Commission, and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one--, two- and three-year terms and thereafter all members shall be appointed for three-year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions. [Amended 11-18-2013 FYTM, Art. 10; 11-13-2017 FYTM, Art. 13; 11--15-2021 FYTM by Art 10] ZONE I The immediate land area around a well. It is defined as a four -hundred -foot protective radius for wells greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than 100,000 gpd, depending upon the pumping rate. The Zone I must be owned by the water supplier or controlled through a conservation restriction. Only water supplier activities are allowed in the Zone I. ZONE II The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00. The Zone II includes the Zone I. ZONE III The land area beyond the area of Zone II from which surface water and groundwater drain into Zone H. Zone III boundaries are determined by identifying the topographic surface water drainage divides. The surface water drainage area commonly coincides with the groundwater drainage; however, in areas where they are not coincident, the Zone III encompasses both the surface and groundwater drainage area. 4 of 4 6/14/2022, 11:02 AM •ster, MA Ecode360 https://ecode360.com/print/BR1068?grid=7607401 Town of Brewster, MA Tuesday, June 14, 2022 Chapter 179. Zoning Article XI. Water Quality Protection District § 179-61. Water quality review. A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee (WQRC), comprising one representative each appointed from time to time by and from the Select Board, Board of Health, Planning Board, Conservation Commission, Water Commission, Comprehensive Water Planning Committee, Health Director and Building Commissioner. [Amended 11-18-2013 FYTM, Art. 10; 11-13-2017 FYTM, Art. 13] B. Certificate of water quality compliance. (1) A certificate of water quality compliance shall be obtained by the owner of the premises from the WQRC or, for special permit uses, from the SPGA: (a) For erection of any new principal structure other than a single-family dwelling or for change in occupancy `requiring a certificate of use and occupancy under the State Building Code. (b) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the storage, handling or transportation of toxic or hazardous wastes. (2) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner unless a certificate of water quality compliance, if required, has been applied for or obtained. C. Requirements. A certificate of water quality compliance shall be,granted only as follows: [Amended 11-18-2019 FYTM, Art. 6] (1) For new construction or additions or new activities not involving structures, only if in full compliance with all requirements of § 179-57, Performance standards. (2) For change in occupancy or operation on previously developed premises, only if the requirements of § 179-57B, C and D are met, and the requirements of all other subsections of § 179-57 are either met or, if previously exceeded, there will be no further increase in noncompliance. D. Submittals. In applying for a certificate of water quality compliance or a special permit, two paper sets and one electronic copy of application materials shall be submitted to the Building Commissioner, who shall forward them to each member of the WQRC. In the case of uses requiring a special permit under § 179-56D, one set shall also be submitted to the SPGA along with any other application materials. All information necessary to demonstrate compliance must be submitted, including but not limited to the following: [Amended 11-18-2019 FYTM, Art. 6; 11-15-2021 FYTM by Art. 10] (1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous of 2 6/14/2022, 10:30 A.M ['own of Brewster, MA Ecode360 hops:f/ecode360.com/printBR1068?guid-7607401 materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures to protect from vandalism, corrosion and leakage and to provide for control of spills. (2) A description of potentially toxic or hazardous materials to be generated, indicating storage and disposal method. (3) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial Waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered in the Commonwealth of Massachusetts certifying compliance with § 179-57D. E. Action. For uses not requiring a special permit under § 179-56D, the WQRC shall act within 21 days of application, approving it by issuing a certificate of compliance if a majority determine that the applicant has adequately demonstrated compliance with the requirements of the Water Quality Protection District, and rejecting the application otherwise. For uses requiring a special permit under § 179-56D, the WQRC shall make recommendations to the SPGA within 35 days of receipt of the application, as provided in MGL c. 40A, § 11. [Amended 11-18-2019 FYTM, Art. 6] F. Certificate review. (1) Each three years the WQRC shall review compliance with this article and the certificate of water quality compliance. Upon request, certificate holders shall submit the following: (a) (b) (c) Description of any changes from the originally submitted materials. Description of any maintenance, repair, replacement, or expansion of the existing sewage disposal system, sewage pumping, or certified inspections completed from the date of the issuance of the last certificate renewal. The certificate holder shall self - certify that the sewage disposal system has been properly maintained and is in proper operating condition. [Amended 11-15-2021 FYTM by Art. 10] Results from analysis of leachate or wastewaters as may be required by the Board of Health. (d) Documentation on the operation and maintenance of sormwater facilities permitted under the Stormwater Management Bylaw (Chapter 272), [Added 11-15-2021 FYTM by Art. 10] (2) Evidence of noncompliance shall be reported to the Building Commissioner for enforcement action who shall have the authority to enforce the provisions of this bylaw. [Amended 11-15-2021 FYTM by Art. 10] 2 of 2 6/14/2022, 10:30 AM DISCUSSION AND POTENTIAL VOTE TO DELEGATE ENFORCEMENT AUTHORITY/DESIGNATE ENFORCEMENT AGENT(S) UNDER BREWSTER STORMWATER BYLAW Pursuant to a positive vote at its meeting on , 2022, the undersigned Town of Brewster Planning Board, Stormwater Authority under Sections 272-1 and 272-4 of the Town's Stormwater Management Bylaw (Chapter 272 of the Town of Brewster Code), in accordance with said Bylaw, hereby delegates its powers and duties of enforcement to each or both the Building Commissioner and the Town Planner and designates each or both the Building Commissioner and the Town Planner as its authorized enforcement agents for purposes of Section 272-14 of said Bylaw. This delegation and designation shall remain in force and effect unless and until revoked or amended. Executed this day of , 2022 Town of Brewster Planning Board, By: DISCUSSION AND REVIEW OF DRAFT ADMINISTRATIVE FORMS AND DOCUMENTS PREPARED BY STAFF TO IMPLEMENT BREWSTER STORMWATER MANAGEMENT BYLAW yp0\0\ON\la IE IW 1/Sll p4 4q o9"Fa = f� I:lli '•,;A%,1- D - 1. Project Location: Town of Brewster Code Chapter 272 Storinwater Management Permit Application Form FOR TOWN OFFICIAL USE ONLY TOWN CLERK RECEIVED: SWM PERMIT NUMBER ASSIGNED: Street Address Assessors Map and Parcel(s) ,Deed iieference 2. Applicant: Name Legal Mailing Address Phone Number 3. Property Owner (ifdifferent tiianApplicantl: Email Address Namr Legal Mailing Andress Phone Number 4. Professional Representati e: Email Address Name Legal Mailing Address Phone Number Email Address Brewster Stormwater Management Permit Application Form Approved 2/23/ 2022 Rev. xx/xx/2022 Page 1 of 2 5. Type of Application (Check as applicable): Minor Stormwater Permit- Any combination or series of construction or land disturbance activities that, over a two-year period, will result in a net increase in impervious area of 500 sq.ft. to 2,500 sq.ft. and/or will result inland disturbances of 10,000 sq.ft. to 20,000 sq.ft. Major Stormwater Permit- Any alteration, disturbance, development, or redevelopment that does not meet the eligibility criteria for a Minor Stormwater Permit. SWM Permit Amendment- _ List existing Stormwater Management per t�m pti ber/ type Stormwater Management CertificateofCompliance`(SfMCC) Request - List relevant Stormwater Managerr_ent'permit number 6. Brief Project Description, including any waiver=requests; 7. Signatures: Applica Professional Representative (asap Nc ble =ya Property Owne. ff d_lfferent than Applica Date Date Date } NOTES: • Please refer to Appendix B of the Stormwater Management Regulations for detailed application submittal and supporting material requirements for Minor and Major Stormwater Management Permits, respectively. • The application fee schedule is contained in Appendix C of the Regulations. • Certain activities are exempt from review and permitting (See §272-6 of the Stormwater Management Bylaw). • If the project is located, in whole or' part, within an area subject to state or local wetlands protection law, the review and permitting authority is the Brewster Conservation Commission/Conservation Department. • No permit review shall occur nor shall review periods commence until the application is deemed complete. Brewster Stormwater Management Permit Application Form Approved 2/23/ 2022 'Rey. xx/xx/2022 Page 2 of 2 Town of Brewster Stormwater Management Peuiiit Form Code Chapter 272 Property Address Map/ Parcel Information Deed Reference Applicant Property Owner Applicant c/o or mailing address Permit Issuance Date: Permit Case Number: Type of Permit: Minor Stormwater Permit- Major Stormwater Permit Stormwater Permit Amendmett .. Major Stormwater Permits, or Amendments thereto, shall be recorded with the Barnstable Registry of Deeds, or as the case may be, filed ` ith the Barnstable Registry District. Decision: Approved Aj proved with Conditions, Limitationszor Restrictions Disapprovewith Prejudice Disapproved without Prejudice Withdrawn Project Description: Waivers granted (as applicable) Conditions, Limitations or Restrictions (as applicable) Approved Plans (attach copy of O&M Plan, as applicable): Brewster Stormwater Management Permit Case No. Page 1 of 2 f ro O 3 co m F) ' 00 3 co m 3 n No, z 0 d w m N 0 CO rt 0 c3 CU m 0 rF 0 0 CD N 01 v fD 0 010 r+ Sly} paflDax3 0 0) 0 N 0 NJ S3UfliVNDIS J\\O( 0 40FN p� z p a Town of Brewster Stormwater Management Permit Code Chapter 272 Certificate of Compliance 3o • 4iiilj D * Property Address Map/ Parcel Information Deed Reference Applicant Property Owner Applicant c/o or mailing address Date: Major SWM Permit Case Number: Major SWM Permit Recording Information: The undersigned certifies that work authorized under'and subject to the above -referenced permit has been completed in substantial -conformance with > iii! permit, and theApplicant/ Permittee has otherwise complied with °' the requirements of Secti� n 5 9 of the Sto_rmwater Management Regulations. The Stormwater Authority or Designates! Agent may periodically review ongoing compliance with said permit, including long-term operation and maintenance,and if it determines that permit conditions have not been on' miet, may revoke Certificati hereunder , and take other appropriate action related thereto pursuantto and In accordance with Section_ 274.14 of the Stormwater Management Bylaw. Executed thi - -day of , 202_ Stormwater Authority or Designated Agent By: DRAFT MEETING MINUTES: MAY 25, 2022 JUNE 6, 2022 PB Minutes 05/25/22 Page 1 of 4 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, May 25, 2022 at 6:30 pm Brewster Town Office Building (virtual) Vice Chair Charlotte Degen convened a remote meeting of the Planning Board at 6:30 pm with the following members participating remotely: Amanda Bebrin, Charlotte Degen, Tony Freitas, Madalyn Hillis-Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). The Planning Board Packet can be found at: http://records.brewster-ma.gov/weblink/0/fol/118269/Row1.aspx or by going to the Planning Department page on the Town of Brewster website (www.brewster-ma.gov). Degen declared that a quorum of the Planning Board was present. 6:32 PM CITIZEN’S FORUM No citizen comments. Degen stated that Select Board Liaison Kari Hoffmann was not able to attend the meeting but wanted to express congratulations and welcome the new members elected to the Planning Board. 6:33 PM PLANNING DISCUSSION Reorganization of Planning Board. Motion by Taylor to Nominate Hillis-Dineen as Chair. Second by Bebrin. Hillis-Dineen accepted the nomination of Chair. Roll call vote: Taylor-aye; Hillis-Dineen-aye; Michaels-aye; Freitas-aye; Wentworth-aye; Bebrin aye; and Degen-aye. Vote: 7-0-0. Hillis-Dineen took over the duties of Chair at 6:36 pm. Motion by Taylor to Nominate Bebrin as Vice Chair. Second by Degen. Bebrin accepted the nomination of Vice Chair. Roll call vote: Degen-aye; Taylor-aye; Michaels-aye; Freitas-aye; Wentworth-aye; Bebrin-aye; and Hillis- Dineen-aye. Vote: 7-0-0. Motion by Bebrin to Nominate Michaels as Clerk. Second by Taylor. Michaels accepted the nomination of Clerk. Roll call vote: Degen-aye; Taylor-aye; Michaels-aye; Freitas-aye; Wentworth-aye; Bebrin-aye; Hillis-Dineen-aye. Vote: 7-0-0. The Board decided they would discuss current vacant committee positions at their next meeting. They asked staff to provide additional information on committees that currently need a Planning Board representative. 6:40 PM PLANNING DISCUSSION CONTINUED Housing Production Plan Update by Jill Scalise, Housing Coordinator. Documents:  04/28/22 Housing Production Plan Presentation from Community Forum  Brewster Housing Plan Project Timeline Housing Coordinator Jill Scalise joined the Board remotely to provide an update on the draft Housing Production Plan Update. Scalise noted that the Housing Production Plan (“HPP”) guides the work of the housing program in Brewster. Approved: Vote: PB Minutes 05/25/22 Page 2 of 4 The state requires the plan to be updated every five years. Scalise stated that the town has used Community Preservation Act funds to engage Barrett Planning to help with updating the HPP. Scalise referred the Board to the presentation from the April 28th Community Forum on the HPP. She noted accomplishments since the 2017 plan including the creation of an accessory dwelling unit and accessory commercial dwelling unit bylaw. The HPP update will include a needs assessment, housing goals, and implementation strategies. Scalise stated that the Housing Partnership has been working closely with Barrett Planning since February 2022 to update the HPP. Barrett Planning began work on the housing needs assessment which included small group interviews, an on-line survey, and gathering of demographic information. Barrett Planning has completed their work on the needs assessment and is currently working on draft goals and strategies. Scalise reviewed findings from the housing survey. She stated that over 880 responses to the survey were received. Survey responses were received from various ages. Year-round residents made up 68% of the respondents, seasonal residents made up 18%, and non-residents made up 12%. Scalise reviewed housing priorities from the survey responses. She noted that the priority that received the most responses was to help people stay in housing affordable to them (58%), followed by helping people stay in the community as they age (34%), followed by creating more housing options/choices and attracting families with children (both at 27%). The survey results also conveyed that Brewster does not have enough affordable rental units for individuals and smaller households or affordable rental units for larger households. Respondents also stated that there was not enough affordable home ownership opportunities and starter homes. Scalise reviewed responses to the survey related to Brewster’s housing stock. She noted that respondents most often stated that Brewster had the right number of single- family homes and assisted living facilities and not enough apartments and accessory dwelling units. Michaels asked how many people the survey targeted. Scalise responded that general outreach on the survey was done but mailings were not sent out to each household as was done with the vision survey. Scalise noted that 20% of the survey respondents were renters. The overall response rate was high. Scalise reviewed demographic trends. She stated that according to Census data, Brewster gained approximately 500 residents between 2010 and 2020. There was a slight decrease in the ratio of population to household. There was a large decrease in the age bracket of 35-44 years old from 12% (2010) to 6% (2020). There was a slight increase from 2010 to 2020 in residents aged 85 and over. There was also an increase from 2010 to 2020 in the 65-74 age category from 12.5% to 20%. There was a decrease in those aged 18 and under from 17.5% in 2010 to 14% in 2020. Brewster is similar in age to the lower Cape and county but much older than the rest of the state in general. Scalise noted that the data reflects pre-pandemic numbers. Brewster has lost 41 residents during the pandemic and the vast majority were age 65 or older. The number of individuals per household has decreased and the number of householders living alone has increased by 4.6%. There was a decrease of 2.3% in family households with children under 18. The biggest increase in householders living alone is those in the 65 and older age group from 41% in 2010 to 63% in 2020. Scalise reviewed housing occupancy trends. Seasonal households increased from 42% in 2010 to 46% in 2020.There was also a reduction in owner-occupied housing from 48% in 2010 to 46% in 2020. There was also a reduction in renter- occupied housing from 10% in 2010 to 8% in 2020. Scalise reminded everyone that the numbers were pre-pandemic and did not account for recent home sales. Scalise noted the difference in renter-occupied households in Brewster and the state. Scalise reviewed income and housing affordability. She noted a large increase in those earning $200,000 or more from 2010 to 2020. In 2020, over 20% of Brewster households were making $150,000 or more and in 2010 less than 10% of the population was making $150,000 or more. There was a slight decrease from 2010 to 2020 in those making $75,000 or less. Scalise reviewed housing mismatches. She noted that 29% of homeowner households are housing cost burdened meaning they pay more than 30% of their income to housing. In 2022, the new median income for a family of four in Brewster is $115,600. This is an increase from 2021 which was $89,300. An affordable home for a median income family would be $420,579. The current median sales price for a home in Brewster is $710,000. There is also a housing mismatch with renters. Scalise stated that an estimated 41% of renter households are housing cost burdened. A household renting a 2-bedroom unit at fair market rate ($1,879) should have an income of $75,000. Scalise reviewed 2020 income limits and pointed to an example that a family of four making median income could consist of a construction worker and masonry contractor with two children or a plumber and a personal care assistant with one PB Minutes 05/25/22 Page 3 of 4 child. Scalise also gave an example of a resident who may fall in the very low income category as being a single home health aide and the extremely low income category of an office supply store worker with one child. Michaels asked if there was a plan to revalidate any of the data due to the impact of COVID and inflation. Scalise responded that the Census data has not been released yet and with the current HPP expiring at the end of June, the update will move forward with the best data available. Experiential data from Brewster is being incorporated. The data on sales prices is current as of 2022 and may reflect the impact of COVID. Increases in area median income may also be reflective of an impact from COVID as more people moved here to work remotely. The COVID impact may also be reflected in the number of people with lower incomes leaving Cape Cod. Hillis-Dineen stated that school enrollment may also help explain the data and that she thought enrollment in Brewster had increased. Scalise stated that Barrett Planning has reached out to the schools for that information. Scalise shared the Brewster Housing Plan Project Timeline with the Board. She stated that focus groups were held last week and next week Barrett Planning Group will be providing a draft HPP to the town. The draft HPP will be sent to the Board for review. Barrett Planning will present the draft HPP to the Select Board and Planning Board on June 6th and there will be a comment period for the boards to provide feedback on the draft HPP. On June 16th, there will be a Community Meeting in which the draft plan will be shared with the public. There will be a public comment period which will be followed by a public hearing before the Select Board and Planning Board for a final vote, scheduled for July. Michaels asked what happens after the plan is approved by the town and Scalise responded that it is reviewed for modifications and approval by the Department of Housing and Community Development. Scalise noted that this HPP is an update of the 2017 plan. Scalise stated that a plan is certified when the town meets its housing goals. The goal is to produce 24 housing units in one year. The goal number is determined through a formula provided by the state. Scalise stated that there is a mandate from the state that the town have 10% of its year-round housing stock on the subsidized housing inventory. Brewster has currently met 5.6% of the 10% requirement. If the 10% mandate is met, the plan will be certified. Scalise noted that full Census data is not yet available, so the new number of housing units needed for the subsidized housing inventory is not yet known. The 2020 Census numbers will determine requirements for the next 10 years for the subsidized housing inventory. Degen stated that the Cape has significant water resource challenges and wondered how the state and federal government control for housing and accessibility to water. Scalise stated that development constraints as well as mitigation are considered in the housing needs assessment. Water protection is considered locally but the state does not make accommodations for those challenges. Scalise stated that the HPP and the Vision Plan work closely together and the HPP will be part of the Local Comprehensive Plan (LCP). Wentworth asked if there were any other determinations for housing density and whether the community can provide input on the density of a specific area. Scalise responded that the state mandates the 10% affordable housing requirement, but it is lower than what is needed. The Vision Plan and LCP will be considered when trying to meet the 10% mandate. Idman referenced the Serenity project and stated that there is not a requirement to add brand new units to undeveloped land to meet the 10% mandate. The redevelopment of under-utilized properties also counts towards meeting the mandate. Bebrin discussed the Vision Planning Committee’s survey results and noted that housing was a priority among respondents as well as maintaining Brewster’s character. The LCP will look to preserve open space and balance open space and housing. Bebrin stated that it will be the work of the Planning Board to consider appropriate changes to zoning to meet the community’s priorities. Taylor suggested board members review “Grow Smart Cape Cod” provided by the Housing Assistance Corporation and the Association to Preserve Cape Cod. It includes a Brewster map that shows the most appropriate areas for housing and also areas where resources need to be protected. Bebrin noted that respondents to the vision survey acknowledged that they would like to see appropriate redevelopment of existing properties. 7:16 PM PLANNING DISCUSSION CONTINUED Approval of Meeting Minutes: May 11, 2022. The Board reviewed the May 11, 2022 meeting minutes. Motion by Degen to Approve May 11, 2022 Meeting Minutes. Second by Bebrin. Roll call vote: Degen-aye; Taylor-aye; Michaels-aye; Freitas-aye; Wentworth-aye; Bebrin-aye; and Hillis-Dineen-aye. Vote: 7-0-0. PB Minutes 05/25/22 Page 4 of 4 7:17 PM FOR YOUR INFORMATION Idman stated that based on conversations at the last Planning Board meeting, the Select Board has recognized that the Planning Board will continue to meet remotely through July 15th. 7:19 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR The Board asked staff to provide additional information on the committees that have vacant Planning Board positions. Idman reminded the Board that there will be a joint meeting of the Select Board and Planning Board on June 6th. The Planning Board decided that they will not meet on June 8th as no applications have been received for that meeting. Motion by Degen to adjourn. Second by Bebrin. Roll call vote: Degen-aye; Taylor-aye; Michaels-aye; Freitas-aye; Wentworth-aye; Bebrin-aye; and Hillis-Dineen-aye. Vote: 7-0-0. Meeting adjourned at 7:25 pm. Next Planning Board Meeting Date: 06/22/22 Respectfully submitted, __________________________________________ Lynn St. Cyr, Senior Department Assistant, Planning PB Minutes 06/06/22 Page 1 of 4 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD JOINT MEETING WITH SELECT BOARD MEETING MINUTES Monday, June 6, 2022 at 6:00 pm Brewster Town Office Building (virtual) Chair Madalyn Hillis-Dineen convened a remote special meeting of the Planning Board held jointly with members of the Select Board at 6:31 pm with the following Planning Board members participating remotely: Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. The Select Board Members participating remotely were: Cynthia Bingham, Mary Chaffee, Ned Chatelain, Kari Hoffmann, and David Whitney. Also participating remotely: Peter Lombardi, Town Administrator, Donna Kalinick, Assistant Town Administrator, and Jill Scalise, Housing Coordinator. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Hillis-Dineen declared that a quorum of the Planning Board was present. 6: 33 PM REVIEW DRAFT HOUSING PRODUCTION PLAN UPDATE AND DISCUSS NEXT STEPS (SELECT BOARD FY22-23 STRATEGIC PLAN GOAL H-2) Documents:  06/06/22 Housing Production Plan Presentation  06/22 Draft Brewster Housing Production Plan Judi Barrett and Alexis Lanzillotta of Barrett Planning Group participated in the meeting remotely. Scalise explained that funds from the Community Preservation Act were used to finance the update of the Housing Production Plan (HPP). The Housing Partnership has been the group facilitating the work on the HPP. Scalise reviewed the project timeline and noted that the kickoff meeting took place in February 2022 and the project is now in the final steps with a joint public hearing of the Select Board and Planning Board scheduled for July 11th. Barrett explained that the HPP is a regulated document. The purpose of a HPP is to identify, understand, and address the needs of those who are low to moderate income. The HPP will include a housing needs assessment, housing goals, and implementation strategies. Barrett stated that the overarching goal of a HPP is to determine what types of housing are needed and how many units are needed to meet the needs of low to moderate income residents. The purpose of the HPP is to help the community to increase their proximity to the 10% low to moderate housing threshold under Chapter 40B. Data for the HPP is provided from several sources including the American Community Survey (ACS), Comprehensive Housing Affordability Strategy (CHAS), GIS Maps, interviews with housing-related town boards and committees, and responses to the public survey. Lanzillotta reviewed highlights of the needs assessment. Lanzillotta noted that MassDOT and Cape Cod Commission predicted a lower population for Brewster than the current population. Data from the 2020 Census is limited at this time and data related to age is from the ACS. From 2010 to 2020, the population has decreased for those aged 18 and under and increased for those aged 55 and older. Currently, 14% of Brewster’s population is under 18 and 53% is over 55. There has been a slight decrease in the ratio of population to household in Brewster. In Brewster, from 2010 to 2020 there has been a decrease in family households with children under 18 and an increase in nonfamily households with householders living alone, most notably in the 65 and older age group. Lanzillotta summarized data on household incomes in Brewster. Low to moderate income (LMI) households are households that earn up to 80% of the area median income. In Brewster, the most LMI households (60.9%) are elderly non-family. Lanzillotta reviewed shifts in income and noted an increase in higher income levels, most notably in the $200,000 or more income category, from 2010-2020. There was also a decrease in those earning lower levels of income from 2010-2020. Lanzillotta reviewed household income limits for 2022 and noted that a family of four with an income of Approved: Vote: PB Minutes 06/06/22 Page 2 of 4 $86,950 was considered low income. Lanzillotta reviewed FY2020 Income Limits and correlated them to residents of Brewster. For example, a single person working as a home health aide and earning $28,340 would be considered very low income. Lanzillotta noted survey responses indicated that those outside the LMI were also having trouble finding affordable housing. Lanzillotta reviewed housing occupancy trends between 2010 and 2020. She noted that the total number of housing units used for seasonal, recreational, or occasional use increased by 6.1%. Along with this increase, comes a decrease in the availability of year-round housing rentals. Renter-occupied units decreased from 9.9% in 2010 to 8.8% in 2020. Lanzillotta reviewed housing affordability and availability and noted that the sales price for homes is increasing and available housing units are decreasing. It is harder to find affordable housing units in Brewster than in other Cape towns. Lanzillotta explained that housing cost burden exists when someone is paying more than 30% of their income to their housing. Lanzillotta noted that lower income households tend to be more cost burdened than other households. She pointed to data that indicated that 21% of moderate income residents were cost burdened from 2014-2018. Lanzillotta reviewed housing mismatches and stated that an estimated 29% of Brewster homeowner households are cost burdened. The average median sale price for a single-family home in Brewster is $710,000. For a person earning the area median income, the maximum amount they would have available to spend on a single-family home is $420,579. This leaves an affordability gap of $289,421. There is also a housing mismatch for renters. 41% of Brewster renter households are housing cost burdened. The fair market rent for a 2-bedroom unit is $1,879. To afford a 2-bedroom unit, a household income of $75,000 is needed. The median household income for renters in Brewster is $35,000. Lanzillotta reviewed data on the subsidized housing inventory (SHI) from 2017-2022. She referenced the 10% mandate of affordable housing units from the state and noted that 34% of Brewster residents have incomes at 80% of the area median income which would make them eligible for a unit on the SHI. Lanzillotta noted that Brewster has very limited multifamily housing options available and most are deed restricted. Lanzillotta reviewed barriers for consideration included in the housing needs assessment such as environmental, infrastructure, regulatory, and socio-political considerations. Lanzillotta discussed regulatory considerations and noted that multifamily housing was only allowed in the commercial high density (CH) zoning district unless a planned residential development is proposed. In Brewster, 2.5% of the town falls within the CH zoning district. Lanzillotta reviewed regulatory considerations and again noted that multifamily dwellings are only allowed in CH by special permit with 130,000 SF plus 10,000 SF per bedroom. She also noted that the current accessory dwelling unit (ADU) bylaw precludes smaller homes from adding an ADU. Lanzillotta also stated that the town does not have a mixed-use bylaw that allows commercial and residential mixed uses in a specific zoning district. Lanzillotta reviewed socio-political considerations. She stated that input gathered during the HPP community engagement process indicated public acknowledgement that the cost of housing is a barrier for the average household and that supply is an issue at a range of income levels. Strong political leadership regarding housing issues and raising community awareness about the relationship between housing and other issues the community is facing is needed. Lanzillotta reviewed goals and strategies of the HPP that are in alignment with Department of Housing and Community Development (DHCD) requirements. She stated that survey responses indicated the highest priority for the community is helping people stay in year-round housing affordable to them. The survey also indicated that people felt that there were not enough rental units for smaller or larger households, not enough homeownership opportunities, and not enough starter homes. The survey results also indicated that there were not enough apartments or accessory dwelling units. The housing goals will focus on creating a mix of housing types feasible within the market and affordable to a range of income levels. There is also a numerical housing production goal. Lanzillotta summarized the housing goals of the HPP: 1. Increase and diversify year-round housing options in Brewster for a range of income levels and household types. 2. Prevent displacement of current residents and facilitate housing mobility for households looking to move within or into Brewster. 3. Align development with the principles of the Town’s Local Comprehensive Plan/Vision Plan. 4. Continue to build capacity to produce housing through staffing funding, regional partnerships, advocacy and education, and relationships with nonprofit and for-profit developers. Lanzillotta stated that based on 2010 Census data, the current number of SHI units needed to request certification of a HPP is 24. This number may change as the 2020 year-round housing count is not yet available. Lanzillotta reviewed housing strategies of the HPP including the regulatory strategies of reevaluating the existing ADU and ACDU bylaws, amending zoning to clearly allow mixed uses, conducting an inventory of nonconforming lots and consider allowing small affordable units on otherwise unbuildable lots, reevaluating the existing multifamily dwelling bylaw, PB Minutes 06/06/22 Page 3 of 4 exploring measures to require/encourage inclusion of affordable units in residential developments over a certain number of units, allowing and incentivizing the adaptive reuse of existing buildings for the creation of affordable and mixed income housing, and working with the Board of Health to utilize findings of the ongoing Integrated Water Resource Management Plan to create denser housing development that can support inclusion of the affordable units, Lanzillotta reviewed housing strategies related to funding and assets including continuing to work with nearby communities on the Cape by pooling CPA funds and other revenue to construct affordable housing to meet regional needs, developing a five-year financial plan for the Brewster Affordable Housing Trust (BAHT), based on the BAHT five- year financial plan, exploring other funding opportunities to support housing initiatives at a range of income levels, considering establishing a Housing opportunity Fund under the Affordable Housing Trust, exploring local property tax incentives for the creation of affordable housing, continuing to partner with the Brewster Housing Authority units to provide more deeply affordable rental options, exploring the feasibility and potential benefits of supporting the creation of a nonprofit Community Land Trust to facilitate more affordable homeownership opportunities, developing criteria for assessing a property’s suitability for the creation of affordable and attainable housing, inventorying existing town-owned land using criteria developed to determine suitability for housing and develop and issue an RFP for the development of affordable and attainable housing on properties identified as suitable for housing development, based on findings of the town-owned land inventory, developing and issuing an RFP for the acquisition of privately held land for the creation of affordable and attainable housing, developing a shared strategic plan for the Brewster Housing Partnership and Brewster Affordable Housing Trust, connecting community education initiatives to each of the overarching topics of the LCP and Vision Plan, continuing to ensure regular participation by staff and members of town bodies in available trainings on housing-related issues, and consider hosting an annual Housing Forum and inviting regional partners to cohost, collaborate or cosponsor existing regional opportunities. Lanzillotta reviewed housing strategies related to local policy and planning including continuing to make good use of Chapter 40B including the local initiative plan (LIP) as a vehicle for creating housing, developing design guidelines for multi-unit housing, increasing housing staff capacity to ensure continued and consistent collaboration with Building, Conservation, Health, and Planning Departments. Lanzillotta reviewed housing strategies related to community resources and local support including continuing the CBDG funded housing rehabilitation program to enable income-eligible homeowners to make critical home repairs, evaluating the rental Assistance Program and consider offering a Family Self-Sufficiency component to the program, continuing efforts to preserve SHI homes including evaluating the “buy down”/down payment/closing cost assistance program, and explore other opportunities for direct support of eligible households. Kalinick noted how important the 2017 HPP has been in guiding the efforts of the housing program for the last five years. The HPP update will guide the efforts of the housing program for the next five years. Lanzillotta outlined the next steps in completing the HPP update including a community meeting on June 16th. Prior to the June 16th community meeting, a draft plan will be shared with the Select Board and Planning Board for comment. The public will also be asked to provide comments. Taylor referenced the Community Block Grant program and appreciated the work done through that program. She stated that the HPP was an inclusive, well-done plan. Taylor asked if areas for housing would be reconsidered once a final report was available from DEP. Lombardi stated that the DEP review was in the initial phases and most likely data would not be available in the next year. Kalinick noted that Brewster Woods does have an I/A system, the RFP for Millstone Road included a request for an I/A system, and Serenity Brewster has an on-site small package treatment system. Taylor suggested the Planning Board start looking at various maps of Brewster to determine potential changes to zoning. Hillis-Dineen thanked Barrett Planning Group, Jill Scalise, and Donan Kalinick for all their work on the HPP. She also thanked the housing survey participants. Whitney also thanked those working on the HPP for all their efforts. Kalinick reviewed next steps including the comment periods on the draft report and the June 16th community meeting. She stated that the final plan requires the approval of the Select Board and Planning Board. A joint public hearing of the Select Board and Planning Board is scheduled for July 11th. Jillian Douglass of the Housing Partnership thanked Barrett Planning for all their work on the HPP update. She thanked Donna Kalinick and Jill Scalise as well as the town committees working on housing issues. Douglass also mentioned the town’s success with friendly 40Bs and the need for the town to actively acquire land to produce housing. PB Minutes 06/06/22 Page 4 of 4 Motion by Degen to Adjourn Planning Board Meeting. Second by Bebrin. Roll call vote: Michaels-aye; Wentworth-aye; Degen-aye; Freitas-aye; Bebrin-aye; Taylor-aye; and Hillis-Dineen-aye. Vote: 7-0-0. The Planning Board adjourned at 7:40 pm and the Select Board continued meeting. Respectfully submitted, _________________________________________ Lynn St. Cyr, Senior Department Assistant, Planning FOR YOUR INFOMRATION Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Schedule & Format for Town Committee Meetings DATE: June 10, 2022 Current state provisions allow for the continuance of remote and hybrid meetings through July 15, 2022. The Senate included language in their version of the proposed FY23 state budget to extend the current expanded remote participation provisions through December 2023. The House version of the budget did not include any such Open Meeting Law provisions. The state budget is now in conference committee and indications are that an extension will likely be included in the final version of the budget that is sent to Governor Baker. However, that process will probably not be completed until shortly before the July 15 deadline. In the meantime, we need to make plans for our July meeting schedule and format now. Earlier this spring, the Board adopted the following revised meeting format for the months of April, May, and (ultimately) June: Committees have the option to meet in person, without any restrictions on the number of committee members and support staff. Committees can also continue to meet virtually or in a hybrid format. Public participation continues to be by remote means only. For this reason, all in- person meetings continue to be televised. The Town Administrator’s office continues to manage scheduling these meetings. Given this choice, the majority of committees and boards have opted to stay virtual or hybrid over the past three months. Committees were given the option to host community forums in person if desired starting in June – none have been held or are scheduled to date. Our local COVID case totals peaked at 50+/week last month but have been slowly decreasing over the past several weeks. Given this data and the uncertainty over what will happen at the state level and when it will occur, we are recommending that we continue with the same approach for the first two weeks of July but then transition to the following format effective July 18: Committees can continue to meet in a hybrid format but a majority of the committee, including the Chair (or Vice Chair if the Chair is remote) must be Office of: Select Board Town Administrator physically present. Fully remote committee participation will no longer be permitted. Public participation will be allowed to be in-person but remote participation will continue to be an option for residents to the greatest extent possible. All committee meetings will continue to be livestreamed/broadcast. More details are included in the revised Select Board policies on remote participation and town government access channel. If the state approves expanded remote participation next month, we may revisit the timing of when this new approach is implemented and any interim adjustments to our approach over the past three months if we plan to keep some version of it in place going forward. CHAPTER 272 STORMWATER MANAGEMENT BYLAW GUIDANCE DOCUMENT (DATE) Brewster Planning Department 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 1 of 10 Chapter 272 Stormwater Management Bylaw Purpose and Objectives A. The purpose of this Bylaw is to protect, maintain, and enhance public health, safety, environment, and general welfare of the Town by preventing or diminishing adverse effects of construction-site and post-construction stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the health, safety, environment, and general welfare of the public, protect water and aquatic resources, protect and enhance wildlife habitat, and promote groundwater recharge to protect surface and groundwater drinking supplies. This Bylaw seeks to meet that purpose through the following objectives: Establish minimum stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; Encourage the use of nonstructural stormwater management, better site design, and low impact development practices such as preserving natural resources and open space, reducing impervious surface area, and increasing infiltration; Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure that they continue to function as designed and pose no threat to public safety; Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this Bylaw; Establish the Town of Brewster’s legal authority to ensure compliance with the provisions of this bylaw through permitting, inspection, monitoring, and enforcement; and Comply with state and federal statutes and regulations relating to stormwater discharges including Total Maximum Daily Load requirements and with the General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4 Permit), issued by the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection. Definitions The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional definitions may be adopted by separate regulation. ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing, or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined or discrete discharge; 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. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Stormwater Permit. Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 2 of 10 BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. CLEARING: Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT: - A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil. INFILTRATION: 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 ACTIVITY: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: 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 man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Brewster. NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not previously been developed to include impervious surface. Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 3 of 10 OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: The areal extent of construction and land disturbance activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface. STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s), acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt regulations pursuant to it. STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, in accordance with the provisions of this Bylaw. TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant. WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream. WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended. Authority Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 4 of 10 This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. Administration A. The Stormwater Authority shall administer, implement, and enforce this Bylaw. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents. B. The Brewster Planning Board shall be the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster General Bylaw Chapter 172), the Conservation Commission shall be the authority to implement and enforce this Bylaw. The Stormwater Authority may designate an agent to enforce this Bylaw. C. This Bylaw is not intended to interfere with, abrogate, or annul any other Town of Brewster bylaw, rule or regulation, statute, or other provision of law. The requirements of this Bylaw should be considered minimum requirements, and where any provision of this Bylaw imposes restrictions different from those imposed by any other bylaw, 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 be considered to take precedence. Applicability A Stormwater Permit shall be required for any of the following, except for an activity exempted under Section 6 of this Bylaw: A. Any land disturbance activity that will disturb 10,000 square feet or more, or smaller land disturbance activities that are part of a larger common plan of alteration or development that will disturb 10,000 square feet or more; B. Any new development or redevelopment that will result in a net increase in impervious surface area by 500 square feet or more, or smaller activities that are part of a larger common plan of alteration or development that will result in a net increase in impervious surface area by 500 square feet or more; or C. Any land disturbance activity, new development, or redevelopment that, over a two-year period, will result in a cumulative land disturbance of more than 10,000 square feet and/or a cumulative net increase in impervious surface area of more than 500 square feet to land that is part of a larger parcel held in common ownership or control at any time since said date. For the purposes of this Section, ownership by related or jointly controlled persons or entities shall be considered common ownership. In such cases, the new activity is prohibited until either: (1) All activities that previously disturbed land and/or increased impervious surface area as described in this Section are brought into full compliance with the requirements and standards of this Bylaw, or (2) The application for permit under this Bylaw for the new activity includes bringing the land previously disturbed and/or the impervious surface area Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 5 of 10 previously increased into full compliance with the requirements and standards of this Bylaw. If the involved land is not currently held in common ownership, all owners of the involved land must jointly apply for the permit. D. A development or alteration of land shall not be segmented or phased in a manner to avoid compliance with this Bylaw. Exemptions The following activities are exempt from the requirements of this Bylaw, provided that such activities utilize the best practical measures to avoid any negative impacts on stormwater quality, runoff rate, and volume. A. Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw. B. Maintenance and improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act regulation 310 CMR 10.04. C. Maintenance of existing landscaping, gardens, or lawn areas associated with a residential dwelling conducted in such a way as to not cause a nuisance. D. Construction of fencing that will not substantially alter existing terrain or drainage patterns. E. Construction of utilities other than drainage (gas, water, electric, telephone, etc.) that will not alter terrain, ground cover, or drainage patterns or result in discharge of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the Commonwealth. F. Emergency repairs to existing utilities (gas, water, electric, telephone, drainage, etc.) or emergency repairs to any stormwater management facility that poses a threat to public health or safety, as determined by the Stormwater Authority. G. Maintenance or resurfacing (not including reconstruction) of an existing public or private way, parking area, or driveway, provided that such activity does not increase impervious surface area and that resurfacing does not disturb the pavement subbase. Stormwater Management Regulations A. The Stormwater Authority shall promulgate and periodically amend Stormwater Management Regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees), delegation of authority, procedures, and administration of this Bylaw. Failure of the Stormwater Authority to issue such regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this Bylaw. B. The Stormwater Authority may establish a Minor Stormwater Permit for specific activities. Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 6 of 10 (1) The purpose of the Minor Stormwater Permit is to simplify the permitting process under this Bylaw by waiving certain submission requirements, provided a set of predetermined eligibility criteria and performance standards are met. (2) The eligibility criteria, performance standards, and submission requirements for Minor Stormwater Permits shall be outlined in the Stormwater Management Regulations promulgated in accordance with this Bylaw. (3) The Stormwater Authority may allow Minor Stormwater Permits to be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. C. The Stormwater Authority may establish criteria, procedures, and standards for off-site compliance with post-construction stormwater management performance standards established in the Stormwater Management Regulations promulgated under this Bylaw. Performance Standards A. Performance standards shall be defined as part of the Stormwater Management Regulations promulgated under this Bylaw. B. Unless specifically altered by this Bylaw or its regulations, the Stormwater Authority will use the latest accepted versions of the Massachusetts Stormwater Management Regulations as contained in the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.05 (6)(k) and the Massachusetts Stormwater Handbook as issued by the Massachusetts Department of Environmental Protection for criteria, policy, standards, stormwater systems design and engineering, compliance documentation requirements, and general information for the execution of the provisions of this Bylaw. C. Unless specifically altered in this Bylaw and its regulations, the Stormwater Authority shall presume that stormwater management practices designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Handbook meet the performance standards of this Bylaw. For requirements that are inconsistent between the Massachusetts Stormwater Management Handbook and the MS4 Permit, the Stormwater Authority will enforce the more stringent of the requirements. Procedures A. A Stormwater Permit must be obtained prior to the commencement of any construction or land disturbance activity for which such a permit is required. An Applicant seeking a permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this Bylaw and in regulations adopted by the Stormwater Authority. B. Each application must be accompanied by the appropriate application fee as established by the Stormwater Authority. Applicants shall pay the application fee before the review process commences. The Stormwater Authority, or its Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 7 of 10 designated agent, is authorized to retain a Registered Professional Engineer (PE) or other professional consultant to advise the Stormwater Authority on any or all aspects of the application and/or the project’s compliance with conditions of a Stormwater Permit. The Stormwater Authority may require the applicant to pay reasonable costs to be incurred by the Stormwater Authority for the employment of outside consultants pursuant to Stormwater Authority regulations as authorized by M.G.L. c. 44, §53G. C. To obtain a Stormwater Permit, the applicant must show that site design, construction-site stormwater management, and post-construction stormwater management will meet the standards established by the Stormwater Authority in its regulations, which shall be at least as stringent as the relevant requirements of the MS4 Permit and the Massachusetts Stormwater Handbook. D. The Stormwater Permit shall include measures to ensure adequate long-term operation and maintenance of stormwater management design features and BMPs. E. The Stormwater Authority may impose requirements, including but not limited to the following: (1) A requirement that funds for future operation and maintenance be set aside in a dedicated fund or escrow account; (2) A permanent permit condition requiring compliance with an Operation and Maintenance Plan; (3) A permanent permit condition requiring that the property owner submit an annual report or certification regarding operation and maintenance; (4) A requirement to record the Operation and Maintenance Plan (or notice thereof); (5) A requirement that a legal instrument be put in place establishing responsibility for operation and maintenance of a stormwater BMP serving more than one lot. Consent to Entry onto Property By signing the permit application, the Applicant consents to the entry of members of the Stormwater Authority or its authorized agents on the property while the application is under review to verify the information in the application, and at any time after a Stormwater Permit is issued to inspect for compliance with Stormwater Permit conditions. Inspection and Site Supervision The Stormwater Authority or its designated agent shall make inspections to verify and document compliance with the Stormwater Permit. Surety The Stormwater Authority may require the applicant to post surety before the start of land disturbance or construction activity. The form of the surety shall be approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 8 of 10 Authority may release part of the surety as each phase is completed in compliance with the permit. Funds held pursuant to this Section shall be deposited in a separate account pursuant to M.G.L. c. 44, §53G1/2. Surety shall be in the form of a surety bond, irrevocable letter of credit, or cash. All interest shall be held within said account; surety shall be released upon satisfaction of all Permit requirements; upon satisfaction of all Permit requirements, applicant shall request, in writing, to the Town Treasurer, that the funds be released, the funds shall not be released until the Stormwater Authority certifies, in writing, that all requirements of the Permit have been met. If the permittee defaults on any obligations imposed by the Permit, the Stormwater Authority may (after notification of the permittee) inform the holder of the security (and the municipal treasurer if the treasurer is not holding the funds) of the default, in which event the Town shall be entitled to the security funds to complete the outstanding permit requirements. Waivers A. The Stormwater Authority, or its authorized agent, may waive strict compliance with any requirement of this Bylaw if it finds that: (1) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site; (2) The project is consistent with the purposes and intent of this Bylaw; and (3) The project provides substantially the same level of protection to the public health, safety, environment, and general welfare of the Town as required by this Bylaw. B. Any person seeking a waiver shall submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request. C. Waiver requests, except those for activities eligible for Minor Stormwater Permits, shall be discussed and voted on at a public meeting for the project. D. Waiver requests for Minor Stormwater Permits may be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. E. If in the opinion of the Stormwater Authority or its authorized agent, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a meeting to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement, or fails to provide requested information, the waiver request shall be denied. Enforcement The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations. A. Criminal and Civil Relief. Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 9 of 10 (1) Any person who violates the provisions of this Bylaw, or any associated regulations, permit, or order issued thereunder, may be subject to criminal penalties and prosecution in a court of competent jurisdiction and/or a fine of not more than $300 per violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. (2) The Stormwater Authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. B. Orders. (1) The Stormwater Authority’s authorized agent may issue a written order to enforce the provisions of this Bylaw or any associated regulations or permit. Violations include, without limitation, failure to obtain a Stormwater Permit for an activity subject to this Bylaw, or failure to follow the requirements of a Stormwater Permit, or any other authorization issued pursuant to this Bylaw or regulations issued hereunder. The written order may require the violator to remediate the non-compliance and/or any adverse impact caused by it, including without limitation: (a) A requirement to cease and desist from the land-disturbing activity until there is compliance with this Bylaw and provisions of the Stormwater Permit or other authorization; (b) Maintenance, installation, or performance of additional erosion and sediment control measures; (c) Monitoring, analyses, and reporting; (d) Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; (e) Construction, reconstruction, repair, or maintenance of stormwater BMPs or any other aspect of the post-construction stormwater management system; (f) Remediation of adverse impacts resulting from improper construction or operation of the post-construction stormwater management system; and/or (g) A requirement to eliminate discharges, directly or indirectly, into the MS4, a watercourse, or into the Waters of the Commonwealth. (2) Any order under this section may be appealed to the Stormwater Authority within five (5) days of the date of said order. All appeals shall be heard and decided within thirty (30) days. The decision of the Stormwater Authority shall be final. (3) If the Stormwater Authority or its authorized agent determines that abatement or remediation of contamination is required, the order shall set Town of Brewster Stormwater Management Bylaw Effective March 4, 2022 Page 10 of 10 forth a deadline by which such abatement or remediation must be completed. Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Brewster may, at its option, undertake such work, and expenses thereof shall be charged to the violator. (4) Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction affirming or reducing the costs, the costs shall constitute a municipal charge for purposes of M.G.L. c.40, §58, and a lien may be imposed on the property for the amount of the unpaid charge, pursuant to M.G.L. c.40, §58. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59, §57 on the 31st day after the costs first become due. C. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in M.G.L. c. 40, §21D, in which case designated agents of the Stormwater Authority shall be the enforcing persons. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. D. Entry to perform duties under this Bylaw. To the extent permitted by local, state or federal law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary. E. Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be appealed to a court of competent jurisdiction. F. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law. Severability The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this Bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Bylaw. Town of Brewster Stormwater Management Regulations Adopted Date: February 23, 2022 Effective Date: March 4, 2022 Table of Contents Section 1. Purpose 2 Section 2. Definitions 2 Section 3. Authority 2 Section 4. Applicability 3 Section 5. Administration 3 Section 6. Performance Standards 9 Section 7. Construction Inspections 14 Section 8. Long -Term Operation and Maintenance 15 Section 9. Surety 17 Section 10. Severability 17 Appendix A. Definitions 18 Appendix B. Stormwater Management Plan Checklists 22 Appendix C. Fee Schedule 30 Town of Brewster Stormwater Management Regulations February 23, 2022 Page 1 of 30 Section 1. Purpose The purpose of these Regulations is to protect, maintain, and enhance public health, safety, environment, and general welfare by establishing minimum requirements and procedures to mitigate the adverse effects of stormwater runoff, decreased groundwater recharge, erosion and sedimentation, and nonpoint source pollution, as more specifically addressed in the Town of Brewster Stormwater Management Bylaw (Chapter 272). Section 2. Definitions 2.1. The definitions contained herein apply to the Brewster Stormwater Management Bylaw and the Regulations adopted thereunder. Terms not defined in this section shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning. 2.2. Definitions are provided in Appendix A of these Regulations. Section 3. Authority 3.1. The regulations contained herein have been adopted by the Stormwater Authority in accordance with § 272-7 of the Stormwater Management Bylaw. 3.2. Pursuant to § 272-4 of the Stormwater Management Bylaw, the Brewster Planning Board is the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Chapter 172), the Conservation Commission shall be the authority to implement and enforce this Bylaw. The Stormwater Authority may designate an agent(s) to enforce this Bylaw. 3.3. The Stormwater Authority may periodically amend these regulations pursuant to § 272-7 of the Stormwater Management Bylaw. 3.4. Nothing in these Regulations is intended to replace or be in derogation of the requirements of any other Brewster bylaw. These Regulations should be considered minimum requirements, and where any provision of these Regulations impose restrictions different from those imposed by any other bylaw, 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 be considered to take precedence. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 2 of 30 Section 4. Applicability All activities subject to the Stormwater Management Bylaw (as set forth in § 272-5 of the Stormwater Management Bylaw) shall obtain a Stormwater Permit before commencing construction or land -disturbance activities. Exemptions are established in § 272-6 of the Stormwater Management Bylaw. The following provides further guidance on activities that do not require a Stormwater Permit: • Paving an existing gravel, crushed shell, or dirt driveway, road, or parking area, provided that the area of land disturbance is less than 10,000 square feet, and the expansion of impervious surface area is less than 500 square feet. Gravel, crushed shell, and dirt driveways, roads, and parking areas are defined as impervious surfaces per Appendix A of these Regulations and § 272-2 of the Stormwater Management Bylaw. Therefore, paving of those surfaces does not constitute creation of new impervious surface area; • Construction or repair of subsurface septic system components; and • Replacement of an existing roof. Proposed raised decks are excluded from the calculation of new impervious surface area if: • The ground area beneath the proposed deck is presently bare ground or landscaped, including lawn, and is proposed to remain pervious, • There will not be a roof constructed over the proposed deck, and • The proposed deck will be constructed in such a manner to allow rainfall to pass through to the ground below. An example of this is the typical wooden deck with expansion spaces between the boards that form the deck surface. The following criteria shall apply for determining eligibility for Minor Stormwater Permit and Major Stormwater Permit categories: 4.1. Minor Stormwater Permit A. Any combination or series of construction or land disturbance activities that, over a two-year period, will result in a net increase in impervious area of 500 square feet to 2,500 square feet and/or will result in land disturbances of 10,000 square feet to 20,000 square feet. 4.2. Major Stormwater Permit A. Any alteration, disturbance, development, or redevelopment that does not meet the eligibility criteria for Minor Stormwater Permit. Section 5. Administration 5.1. Stormwater Permit applications shall be administered as follows: A. Minor Stormwater Permit applications shall be reviewed and acted upon by the Designated Agent of the Stormwater Authority. The Town Planner, Conservation Administrator, Department of Public Works (DPW) Director, or Building Commissioner shall be the Designated Agent, depending on the other reviews and Town of Brewster Stormwater Management Regulations February 23, 2022 Page 3 of 30 approvals to which the project is subject. Review by the Stormwater Authority is not required for Minor Stormwater Permits. B. Major Stormwater Permit applications shall be reviewed and acted upon by the Stormwater Authority. 5.2. Application Procedures A. The Applicant shall submit to the Stormwater Authority (for a Major Permit) or Designated Agent (for a Minor Permit) a completed application for a Stormwater Permit. The Stormwater Permit Application package shall include: (1) A completed Application Form with original signatures of all property owners; (2) Digital and printed copies of the Stormwater Management Plan, prepared in accordance with the Stormwater Management Plan Checklist in Appendix B of these Regulations; and (3) Payment of the Application Fee in accordance with the Fee Schedule in Appendix C of these Regulations. B. The Stormwater Authority (for a Major Permit) or Designated Agent (for a Minor Permit) shall make a determination as to the completeness of the application and adequacy of the materials submitted. No review shall take place until the application is determined complete. 5.3. Fees A. Each application shall be accompanied by the appropriate Application Fee, as detailed in Appendix C of these Regulations. B. The Stormwater Authority or Designated Agent may, at the Applicant's expense, retain a registered Professional Engineer (PE) or other professional consultant to advise the Stormwater Authority on any or all aspects of the Application. (1) Purpose. As provided by M.G.L. Ch. 44 §53G and the Stormwater Management Bylaw, the Stormwater Authority may impose reasonable fees for the employment of outside consultants, engaged by the Stormwater Authority, for specific expert services to assist the Stormwater Authority in its review of applications for Stormwater Permits and oversight of permit compliance. (2) Consultant Services. Specific consultant services may include, but are not limited to, technical or legal review of the permit application and associated information, on -site monitoring during construction, or other services related to the project deemed necessary by the Stormwater Authority. The consultant shall be chosen by, and report only to, the Stormwater Authority or its staff. Notice. The Stormwater Authority shall give written notice to the Applicant of the selection of an outside consultant. Such notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is mailed or delivered. No such costs or expenses (3) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 4 of 30 shall be incurred by the Applicant if the application or request is withdrawn within five (5) business days of the date notice is given. (4) Payment of Fee. The fee must be received prior to the initiation of consulting services. The Stormwater Authority may request additional consultant fees if the review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the Applicant to pay the consultant fee specified by the Stormwater Authority within ten (10) business days of the request for payment, or refusal of payment, shall be cause for the Stormwater Authority to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards. An appeal stops the clock on the above deadline; the countdown resumes on the first business day after the appeal is either denied or upheld. Special Account. Funds received pursuant to these Regulations shall be deposited with the municipal treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Stormwater Authority without further appropriation as provided in M.G.L. Ch. 44 §53G. Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant. Expenditures of accrued interest may also be made for these purposes. (6) Appeals. The Applicant may appeal the selection of the outside consultant to the Select Board, who may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three or more years of practice in the field at issue or a related field. Such an appeal must be in writing and received by the Select Board and a copy received by the Stormwater Authority, so as to be received within ten (10) business days of the date consultant fees were requested by the Stormwater Authority. The required time limits for action upon the application shall be extended by the duration of the administrative appeal. Return of Unspent Fees. When the Stormwater Authority's review of a permit application and oversight of the permitted project is complete, any balance in the special account attributable to that project shall be returned within thirty (30) business days. The excess amount, including interest, shall be repaid to the Applicant or the Applicant's successor in interest. For the purpose of these Regulations, any person or entity claiming to be an Applicant's successor in interest shall provide the Stormwater Authority with appropriate documentation. A final report of said account shall be made available to the Applicant or Applicant's successor in interest. 5.4. Right of Entry Filing an application for a permit grants the Stormwater Authority or its agent permission to enter the property to verify the information in the application and to inspect for (5) (7) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 5 of 30 compliance with permit conditions. During the application process, the Stormwater Authority, its employees and agents (including consultants) may conduct site visits of the project site to review information presented in the application. 5.5. Public Meeting A. A public meeting is not required for Minor Stormwater Permit applications. B. For Major Stormwater Permit applications, the Stormwater Authority shall hold a meeting in accordance with the Massachusetts Open Meeting Law. For projects or activities that require issuance of a Stormwater Permit in addition to other approvals or permits, the Stormwater Authority shall hold a coordinated meeting on all jurisdictional project aspects in accordance with its own regulations and procedures. 5.6. Action by the Stormwater Authority or Designated Agent A. Minor Stormwater Permit (1) The Designated Agent shall act upon a Minor Stormwater Permit Application within thirty (30) business days of the date the Designated Agent determines the application is complete or after receipt of expert review by outside consultants if deemed necessary in accordance with Section 5.3.B. (2) The Designated Agent may: a. Approve the Minor Stormwater Permit Application and issue a permit if it finds that the performance standards and requirements set forth herein have been met; b. Approve the Minor Stormwater Permit Application and issue a permit with conditions, modifications, or restrictions that the Designated Agent determines are required to ensure that the performance standards and requirements set forth herein are met; c. Disapprove the Minor Stormwater Permit Application and deny the permit if it finds that the performance standards and requirements set forth herein have not been met; or d. Disapprove the Minor Stormwater Permit Application "without prejudice" where an applicant fails to provide requested additional information or review fees that in the Designated Agent's opinion are needed to adequately describe or review the proposed project. Final approval, if granted, shall be endorsed on the Stormwater Permit by the signature of the Designated Agent. (4) Appeal of Disapproved Applications a. The Applicant may appeal a permit denial by the Designated Agent by requesting the Stormwater Authority review the application. Such review shall take place with a public meeting as described in Section 5.5 and shall be subject to any review fees or additional submittal requirements as specified in these Regulations. B. Major Stormwater Permit (3) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 6 of 30 (1) The Stormwater Authority shall take final action within thirty (30) business days from the public meeting as described in Section 5.5, unless such time is extended by agreement between the Applicant and Stormwater Authority. (2) The Water Quality Review Committee will provide comments on Major Stormwater Permit applications for those projects that require a Special Permit under the Water Quality Protection District (Chapter 179, Article XI). The Stormwater Authority may: a. Approve the Major Stormwater Permit Application and issue a permit if it finds that the performance standards and requirements set forth herein have been met; b. Approve the Major Stormwater Permit Application and issue a permit with conditions, modifications, or restrictions that the Stormwater Authority determines are required to ensure that the performance standards and requirements set forth herein are met; c. Disapprove the Major Stormwater Permit Application and deny the permit if it finds that the performance standards and requirements set forth herein have not been met; or d. Disapprove the Major Stormwater Permit Application "without prejudice" where an applicant fails to provide requested additional information or review fees that in the Stormwater Authority's opinion are needed to adequately describe or review the proposed project. (4) Final approval, if granted, shall be endorsed on the Stormwater Permit by the signature of the majority of the Stormwater Authority or by the Stormwater Authority chair or other designated Stormwater Authority member, as consistent with the Stormwater Authority (Planning Board or Conservation Commission) standard procedures. (3) 5.7. Project Delay If the project associated with an approved Stormwater Permit has not been completed within three (3) years of permit issuance, the Permit shall expire. At the request of the Applicant, the Stormwater Authority or Designated Agent may extend the Permit or require the Applicant to apply for a new permit. Any request for extension shall be submitted in writing no later than thirty (30) business days prior to the expiration of the Stormwater Permit. The Stormwater Authority or Designated Agent may require updates to the project to comply with current regulations and standards as a condition of the permit extension. 5.8. Project Changes The Permittee, or their agent, shall notify the Stormwater Authority or Designated Agent in writing of any change of a land -disturbing activity authorized in a Stormwater Permit before any change occurs. If the Stormwater Authority or Designated Agent determines that the change is significant, based on the performance standards in Section 6 and accepted construction practices, the Stormwater Authority or Designated Agent may Town of Brewster Stormwater Management Regulations February 23, 2022 Page 7 of 30 require that an amended Stormwater Permit application be filed and a public meeting held. If any change from the Stormwater Permit occurs during land disturbing activities, the Stormwater Authority or Designated Agent may require the installation of interim erosion and sedimentation control measures before approving the change. 5.9. Stormwater Management Certificate of Compliance (SMCC) A. No SMCC is required for work approved under a Minor Stormwater Permit. B. Within two (2) years after completion of construction or land disturbance activities permitted under a Major Stormwater Permit, the Permittee shall submit in writing a request for a SMCC. The Permittee must complete the following actions before the Stormwater Authority will consider the request for SMCC: (1) Within six (6) months after completion of construction and land disturbance activities, the Permittee shall submit certified as -built plans from a registered Professional Engineer (PE), surveyor, or Certified Professional in Erosion and Sediment Control (CPESC). The as -built plans must depict all structural and non-structural stormwater management systems, including subsurface components, and impervious and pervious surface areas on site. Any discrepancies from the approved Stormwater Management Plan should be noted in the cover letter. (2) The Permittee shall record the approved Operation and Maintenance Plan, including the as -built plans, with the Barnstable County Registry of Deeds. The Permittee shall complete and document the first year of stormwater best management practice (BMP) operation and maintenance, in accordance with the approved Operation and Maintenance Plan and Stormwater Permit conditions. C. Upon written request by the Permittee, the Stormwater Authority shall assess whether the work has been completed in substantial conformance with the approved Stormwater Management Plan and any conditions of the Stoiinwater Permit. Upon determination that permit conditions have been met, the Stormwater Authority shall issue a SMCC. D. It is the responsibility of the Permittee to request, in writing, the issuance of a SMCC. A Permittee who fails to request a SMCC within two (2) years after completion of construction and land disturbance activities may be found in noncompliance with the Stormwater Management Bylaw and face applicable enforcement actions. E. After issuance of the SMCC, the Stormwater Authority may periodically review ongoing compliance with Stormwater Permit conditions, including long-term operation and maintenance. If it finds that permit conditions have not been met, the Stormwater Authority may revoke the SMCC and take action in accordance with § 272-14 of the Stormwater Management Bylaw. For projects that have been issued a Water Quality Certificate under the Water Quality Protection District (Chapter 179, Article XI), the Water Quality Review Committee will conduct a compliance review every three years and will work with the Stormwater Authority to ensure ongoing compliance with Stormwater Permit conditions. (3) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 8 of 30 5.10. Waivers A. The Stormwater Authority or Designated Agent may waive strict compliance with any requirement of these Regulations, if it finds that: (1) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site; (2) The project is consistent with the purposes and intent of the Stormwater Management Bylaw; and The project provides substantially the same level of protection to the public health, safety, environment, and general welfare of the Town as required by the Stormwater Management Bylaw. B. Any Applicant seeking a waiver shall submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request. C. Waiver requests for Minor Stormwater Permits may be approved by the Designated Agent rather than by a majority of Stormwater Authority members. D. Waiver requests for Major Stoiinwater Permits shall be discussed and voted on at a public meeting for the project. If, in the opinion of the Stormwater Authority, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a meeting to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement, or fails to provide requested information, the waiver request shall be denied. (3) Section 6. Performance Standards 6.1. Construction -Site Stormwater Management A. Projects eligible for Minor Stormwater Permits shall meet the construction -site stormwater management performance standards detailed in Section 6.1.B to the maximum extent practicable. At a minimum, controls for erosion, sediment, and construction wastes shall be implemented to prevent nuisance conditions, such as sediment or debris washouts onto abutting properties and public rights of way. B. For Major Stormwater Permits, projects shall implement practices to control construction -related erosion, sedimentation, and wastes in accordance with the most recent versions of the Massachusetts Stormwater Handbook and the Massachusetts Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas, or more stringent standards as specified in these Regulations. The following performance standards shall be met. (1) Natural Resource Protection: Before commencing land disturbance activities, the limits of permitted disturbance areas shall be marked with high -visibility flagging, fencing, and/or signage. Areas designated for revegetation and/or infiltration -based stormwater practices shall be marked with flagging, fencing, and/or signage to restrict use of heavy vehicles and equipment in these areas to Town of Brewster Stormwater Management Regulations February 23, 2022 Page 9 of 30 (3) avoid soil compaction. Tree protection shall be installed around the dripline for all trees to be preserved. Buffers and other restricted areas shall be maintained as required in a wetlands protection authorization from the Brewster Conservation Commission or MassDEP. (2) Area of Disturbance: Clearing and grading shall only be performed within areas needed to build the project, including structures, utilities, roads, recreational amenities, post -construction stormwater management facilities, and related infrastructure. Such areas shall be staked to ensure that the work is completed within the appropriate areas. Construction activities shall be phased to minimize the area of disturbed soil at any one time. Soil Stabilization: The time that soil is exposed shall be minimized by stabilizing dormant areas as work progresses. Exposed areas shall be vegetated, hydromulched, protected with erosion control blankets, or otherwise stabilized within 14 days after land disturbance activities have permanently ceased or will be temporarily inactive for 14 or more days. Vegetative cover shall be prepared in the fall to ensure that exposed areas have cover before the first freeze. (4) Stockpiles: Materials shall not be stored or stockpiled near a storm drain or a wetland resource area. Stockpiled materials that will be unused for 14 or more days shall be covered with roof, tarp, or temporary seeding (of soil stockpiles). Perimeter controls shall be installed around stockpile and staging areas. Perimeter Controls: Perimeter sediment controls, such as silt fencing and filter tubes, shall be installed around downgradient boundaries, along all resource areas, and around stockpile and staging areas. Compost socks and straw bale shall be free of invasive species. Perimeter controls shall not be removed until the drainage areas have been permanently stabilized. (6) Stabilized Construction Entrance: Track -out controls (e.g., gravel apron) shall be installed at each construction entrance to remove sediment from vehicles and prevent tracking onto public roads. Where sediment has been tracked -out from the site, paved roads, sidewalks, or other paved areas shall be swept or vacuumed at the end of the workday. Sediment shall not be swept, hosed, or otherwise deposited into any stormwater conveyance, storm drain inlet, or waterbody. Inlet Protection: Filter bags, filter tubes, or other inlet protection controls shall be installed to prevent sediment from entering downgradient storm drains. Inlet controls shall not be removed until the drainage areas have been permanently stabilized. (8) Runoff Diversion: Runoff shall be intercepted and diverted away from disturbed areas with berms, swales, or pipes toward stabilized outlets. Conveyances shall be stabilized with vegetation, erosion control blankets, check dams, or similar practices to slow velocities and prevent erosion. Sediment Removal: Sediment traps and basins shall be used to remove suspended solids from runoff before it discharges from the site. Traps and (5) (7) (9) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 10 of 30 basins shall be designed to use baffles, multiple cells, and other practices to maximize the flow path and settling time. Sediment controls shall not be removed until the drainage areas have been permanently stabilized. (10) Dewatering: Dewatering activities shall use tanks, filter bags, or other practices to remove sediment before discharge. Water shall not be discharged in a manner that causes erosion or flooding of the site or receiving waters. (11) Outlet Protection: Pipe outlets shall have stone aprons, level spreaders, or other energy dissipation practices installed to prevent erosion. (12) Construction Waste Management: Trash, debris, and sanitary wastes shall be removed from the site on a regular basis. Dumpsters shall be covered at the end of every workday and before rain events. Dumpsters shall not be allowed to leak or otherwise discharge to any stormwater conveyance, storm drain inlet, or waterbody. Concrete mixers shall be washed out only in designated areas with liners. Demolition debris, discarded building materials, concrete truck wash out, chemicals, litter, and sanitary wastes shall not be discharged to the MS4 and shall be disposed of in compliance with all local, state, and federal requirements. (13)Post-Construction BMPs: Stormwater management facilities to be used after construction shall not be used as BMPs during construction unless otherwise approved by the Stormwater Authority. Many technologies are not designed to handle the high concentrations of sediments typically found in construction runoff, and thus must be protected from construction -related sediment loadings. (14) Dust Control: Dust control shall be used during grading operations. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water. (15) Inspection and Maintenance: Erosion and sediment controls shall be inspected as needed and at a minimum before and after rain events. Accumulated sediments shall be removed, and erosion and sediment controls shall be repaired or replaced as needed to ensure they perform as intended. 6.2. Post -Construction Stormwater Management Projects that do not involve the development or redevelopment of impervious surfaces are exempt from meeting Post -Construction Stormwater Management performance standards. A. Minor Stormwater Permits (1) Projects eligible for Minor Stormwater Permits shall evaluate and, unless impracticable, implement Low Impact Development (LID) planning and design strategies. LID practices may include, but not be limited to, protection and restoration of natural resources, minimizing impervious surfaces, grading to direct runoff onto pervious surfaces, and soil decompaction and amendments Town of Brewster Stormwater Management Regulations February 23, 2022 Page 11 of 30 to improve infiltration capacity. Further guidance on LID practices may be found in the Massachusetts Stormwater Handbook. (2) Projects shall implement at least one stormwater BMP to mitigate the impacts from stormwater runoff and pollutants generated from impervious surfaces on the property. The Applicant may select a BMP type including but not limited to: i. Impervious area disconnection ii. Rain barrel for roof runoff iii. Rain garden iv. Pervious pavement v. Dry well vi. Infiltration trench vii. Vegetated swale (3) Stormwater BMPs shall be designed in accordance with the Massachusetts Stormwater Handbook and shall have a storage volume equivalent to 1 inch multiplied by the net increase in impervious surface area or by 500 square feet of impervious surface area, whichever is greater. Sizing of infiltration BMPs may be adjusted using a BMP sizing tool provided by the Stormwater Authority. B. Major Stormwater Permits (1) At a minimum, Major Stormwater Permit projects shall comply with the Massachusetts Stormwater Standards and the MS4 Permit. Design of stormwater management systems shall be consistent with the requirements of the Massachusetts Stormwater Handbook, or more stringent standards as specified in these Regulations. (2) Applicants shall evaluate and, unless infeasible, implement LID planning and design strategies. LID practices shall include, but not be limited to, protection and restoration of natural resources, minimizing impervious surfaces, grading to direct runoff onto pervious surfaces, and soil decompaction and amendments to improve infiltration capacity. Further guidance on LID practices may be found in the Massachusetts Stormwater Handbook. If the Applicant finds that LID practices are infeasible, the Applicant shall demonstrate which LID practices were evaluated and reasons why those practices were deemed infeasible. Selection and design of stormwater BMPs shall be optimized for the removal of phosphorus and nitrogen. Infiltration BMPs, bioretention, and constructed stormwater wetlands are recommended for reducing the concentration of nutrients in stormwater discharges. Additional guidance on BMP performance for phosphorus and nitrogen removal may be found in the MS4 Permit. (3) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 12 of 30 (4) Drainage analyses and design calculations shall use precipitation depths based on 90% of the NOAA Atlas 141 upper confidence interval for the project location, also known as "NOAA Plus". These "Plus" values are calculated by multiplying the NOAA Atlas 14 upper confidence interval by 0.9. BMPs located on commercial or industrial land use areas shall be designed to allow for shutdown and containment to isolate the drainage system in the event of an emergency spill or other unexpected event. (6) New Development a. Stormwater management systems for new development shall be designed to remove, at a minimum, 90% of the average annual load of Total Suspended Solids (TSS) and 60% of the average annual load of Total Phosphorus (TP) generated from the total post -construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods: i. Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region 1's BMP Accounting and Tracking Tool (2016), the MS4 Permit methodology, or other BMP performance evaluation tool provided by the Stormwater Authority; or ii. Retaining the volume of runoff equivalent to, or greater than, 1.0 inch multiplied by the total post -construction impervious surface area on the site; or iii. Providing a combination of retention and treatment that achieves the above standards. (5) (7) Redevelopment a. Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions unless infeasible and are exempt from the requirements of Section 6.2.C(7)b. b. Stormwater management systems for redevelopment shall be designed to remove, at a minimum, 80% of the average annual load of TSS and 50% of the average annual load of TP generated from the total post - construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods: i. Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region 1's BMP Accounting and Tracking Tool (2016), the MS4 Permit methodology, NOAA Atlas 14 Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/ Town of Brewster Stormwater Management Regulations February 23, 2022 Page 13 of 30 or other BMP performance evaluation tool provided by the Stormwater Authority; or ii. Retaining the volume of runoff equivalent to, or greater than, 0.8 inch multiplied by the total post -construction impervious surface area on the site; or iii. Providing a combination of retention and treatment that achieves the above standards. Section 7. Construction Inspections 7.1. For Minor Stormwater Permit projects, inspection requirements will be determined by the Designated Agent based on the proposed project's scale and complexity. 7.2. For Major Stormwater Permit projects, the following inspection requirements shall apply: A. The Stormwater Authority may, at its discretion, require a pre -construction meeting prior to the start of clearing, excavation, construction, or land disturbing activity by the Applicant. The Permittee's technical representative, general contractor, or other authorized person(s) shall meet with the Stormwater Authority to review the permitted plans and their implementation. B. For projects subject to the NPDES Construction General Permit, construction may not commence until the Permittee has submitted EPA's approval of the Construction General Permit Notice of Intent to the Stormwater Authority and posted the final Stormwater Pollution Prevention Plan (SWPPP) at the site. C. The approved Stormwater Management Plan bearing the signature of approval of the Stormwater Authority shall be maintained at the site during the progress of the work. D. The Stormwater Authority or its designated agent may inspect the site at the following stages, at a minimum: (1) Initial Site Inspection: An inspection may be made of erosion and sedimentation controls and signage prior to any land disturbance to assess overall effectiveness and functioning to protect resources. (2) Stormwater Management System Excavation Inspection: An inspection may be made of the excavation for the stormwater management system to ensure adequate separation of the stormwater system from groundwater and presence of approved soil type. Stormwater Management System Inspection: An inspection may be made of the completed stormwater management system, prior to backfilling of any underground drainage or stormwater conveyance structures. (4) Final Inspection: An inspection may be made of the completed stormwater management system and final site stabilization to confirm as -built features and other permit conditions. E. Inspections will be conducted by a "qualified person" from the Stormwater Authority or a third party hired to conduct such inspections. A "qualified person" is a person (3) Town of Brewster Stormwater Management Regulations February 23, 2022 Page 14 of 30 knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at the construction site that could impact stormwater quality, and the appropriate skills and training to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of these Regulations. F. The Permittee shall notify the Stormwater Authority at least five (5) business days before each of the following events, to keep the Stormwater Authority informed of construction progress and to facilitate timely inspections by the Stormwater Authority: (1) Commencement of construction, with erosion and sedimentation control measures in place and stabilized; (2) Site clearing has been substantially completed; (3) Rough grading has been substantially completed; (4) Excavation for stormwater BMPs has been completed; (5) Subsurface components of stormwater BMPs have been installed, prior to backfilling; (6) Stormwater BMP surface features have been substantially completed; (7) Final grading has been substantially completed; (8) Close of the construction season; and, (9) Final landscaping (permanent stabilization) and project final completion. G. Permittee Inspections. The Permittee, or their agent, shall conduct and document inspections of all erosion and sediment control measures no less than weekly or as specified in the permit, and prior to and following anticipated storm events. The purpose of such inspections will be to determine the overall effectiveness of the Erosion and Sedimentation Control Plan, and the need for maintenance or additional control measures as well as verifying compliance with the Stormwater Management Plan. The Permittee, or their agent, shall submit monthly reports to the Stormwater Authority or designated agent in a format approved by the Stoiniwater Authority. Section 8. Long -Term Operation and Maintenance 8.1. For Minor Stormwater Permits, the Permittee shall maintain post -construction stormwater BMPs to ensure that they continue to function as intended. 8.2. For Major Stormwater Permits, the Permittee shall meet the following requirements: A. The Permittee shall ensure that all components of the proposed Stormwater Management Plan are functioning according to manufacturer or design specifications for the life of the system. All components shall be maintained in good condition and promptly repaired, in accordance with the approved Operation and Maintenance Plan. This shall constitute a perpetual condition of any Major Stormwater Permit issued under these Regulations. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 15 of 30 B. To ensure adequate long-term operation and maintenance of stormwater management practices, the Stormwater Authority or Designated Agent may require Permittees to implement one or more of the following procedures, depending on the scale and complexity of the project: (1) Submit an annual certification documenting the work that has been done over the last 12 months to properly operate and maintain the stormwater control measures. 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. (2) Establish a dedicated fund or escrow account in the form of a Bond, Insurance Policy, or similar instrumentality, to be maintained for a number of years and for an amount specified by the Stormwater Authority. Such fund or account may be used by the applicant to perform its operation and maintenance responsibilities or, if the Stormwater Authority finds that the applicant has failed to comply with the Permit, by the Stormwater Authority to perform or cause to be performed the required operation and maintenance tasks. Pay to the Town an amount specified by the Stormwater Authority in compensation for its acceptance of ownership of privately constructed BMPs. (4) Establish a maintenance contract between with the Stormwater Authority whereby the Stormwater Authority will perform or cause to be performed the required operation and maintenance tasks. (3) 8.3. Recording For Major Stormwater Permits, the Operation and Maintenance Plan shall be recorded with the Barnstable County Registry of Deeds prior to issuance of a Stormwater Management Certificate of Compliance by the Stormwater Authority pursuant to Section 5.9 of these Regulations. 8.4. Record Keeping A. The Permittee shall keep records of all inspections, maintenance, and repairs and shall retain the records for at least five (5) years. These records shall be made available to the Stormwater Authority or Designated Agent during inspection of the stormwater management structure or system and at other reasonable times upon request. B. The Stormwater Authority or Designated Agent may request written records documenting maintenance of the system, including receipts of inspection or cleaning services, and/or may physically inspect the systems to ensure that the proper maintenance has been carried out. Failure of the Permittee to maintain the stormwater management system in reasonable order and condition, in conformance with the approved Operation and Maintenance Plan, shall be considered a violation of these Regulations and shall be subject to enforcement action in accordance with § 272-14 of the Stormwater Management Bylaw. 8.5. Changes to Ownership and/or Operation and Maintenance Plans Town of Brewster Stormwater Management Regulations February 23, 2022 Page 16 of 30 A. The Permittee shall notify the Stormwater Authority or Designated Agent of changes in ownership or assignment of financial responsibility for O&M of the stormwater management system or any changes to the Operation and Maintenance Plan within thirty (30) business days of the change. The Permittee shall also be responsible for informing prospective new owners of the requirements of the existing Operation and Maintenance Plan. This shall be an on -going requirement of any Major Stormwater Permit issued. Section 9. Surety For Major Stormwater Permits, the Stormwater Authority may require the Applicant to post surety before the start of land disturbance or construction activity. The form of the surety shall be approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the Permit. If the project is phased, the Stormwater Authority may release part of the surety as each phase is completed in compliance with the permit. Funds held pursuant to this Section shall be deposited in a separate account pursuant to M.G.L. c. 44, §53G1/2. Surety shall be in the form of a surety bond, irrevocable letter of credit, or cash. All interest shall be held within said account; surety shall be released upon satisfaction of all Permit requirements; upon satisfaction of all Permit requirements, Applicant shall request, in writing, to the Town Treasurer, that the funds be released. The funds shall not be released until the Stormwater Authority certifies, in writing, that all requirements of the Permit have been met. If the Permittee defaults on any obligations imposed by the Permit, the Stormwater Authority may (after notification of the Permittee) inform the holder of the security (and the municipal treasurer if the treasurer is not holding the funds) of the default, in which event the Town shall be entitled to the security funds to complete the outstanding permit requirements. Section 10. Severability The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 17 of 30 Appendix A. Definitions ABUTTER: The owner(s) of land adjacent to regulated activity. ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing, or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined or discrete discharge, 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. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Stormwater Permit. BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A certified specialist in soil erosion and sediment control. This certification program, sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy, provides the public with evidence of professional qualifications. CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. CLEARING: Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT: A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. DESIGNATED AGENT: Staff of the Planning, Conservation, Public Works, and Building Departments designated by the Stormwater Authority to review and act upon Minor Stormwater Permit applications. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative, drawings and details developed by a registered Professional Engineer (PE) or a Certified Professional in Erosion and Sedimentation Control (CPESC), which includes best management practices, or equivalent measures designed to control surface runoff, erosion, and sedimentation during pre -construction and construction related land disturbing activities. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 18 of 30 EROSION CONTROL: The prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil. INFILTRATION: 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 ACTIVITY: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. LOW IMPACT DEVELOPMENT (LID): Site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. M.G.L.: Massachusetts General Laws. MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The performance standards as further defined by the Massachusetts Stormwater Handbook, issued by the Department of Environmental Protection, and as amended, that coordinate the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act M.G.L. c. 131 §. 40 and Massachusetts Clean Waters Act M.G.L. c. 21, §. 23-56 to prevent or reduce pollutants from reaching water bodies and control the quantity of runoff from a site. MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: 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 altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Brewster. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection Agency that authorizes the discharge of pollutants to Waters of the United States. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 19 of 30 NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not previously been developed to include impervious surface. NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away pollutants finally depositing them into a water resource area. OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. PUBLIC SHADE TREES: All trees within a public way or on the boundaries thereof, as defined within Massachusetts General Law Chapter 87 (Public Shade Tree Law). RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: The areal extent of land disturbance and construction activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion. STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s), acting pursuant to the Town of Brewster Stormwater Management Bylaw (Chapter 272) to administer, implement, and enforce the Bylaw and to adopt regulations pursuant to it. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 20 of 30 STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage. STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC): A document issued by the Stormwater Authority which states that all conditions of an issued Stormwater Permit have been met and that a project is currently in compliance with the conditions set forth in the permit. STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, in accordance with the provisions of the Town of Brewster Stormwater Management Bylaw (Chapter 272). TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant. TOTAL SUSPENDED SOLIDS (TSS): A measure of undissolved organic or inorganic particles in water. TOTAL PHOSPHORUS (TP): A measure of the total dissolved and particulate forms of phosphorus. WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream. WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended. WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 and in the Brewster Wetlands Protection Bylaw (Chapter 172). Town of Brewster Stormwater Management Regulations February 23, 2022 Page 21 of 30 Appendix B. Stormwater Management Plan Checklists Minor Stormwater Permit Applications The application for a Minor Stormwater Permit shall contain sufficient information for the Designated Agent to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the Applicant to reduce adverse impacts from stormwater runoff during and after construction. The Applicant shall submit one digital copy and two (2) printed copies of the Minor Permit application package. The Minor Permit application package shall include: A. Completed Application Form with original signatures of all property owners; B. Narrative describing the proposed work including: (1) Existing and proposed site conditions (including structures, vegetation, and drainage), (2) The square footage of the proposed land disturbance area, existing impervious surface area, and proposed impervious surface area, (3) Proposed low impact development practices, and (4) Proposed measures to control erosion, sediment, and wastes during construction and to mitigate any long-term stormwater impacts. C. For proposed stormwater BMPs, if applicable, calculations for the stormwater volume to be managed. The volume may be calculated using the following formulas, or using a BMP sizing tool provided by the Stormwater Authority: (1) Stormwater volume (cubic feet) = impervious surface area (square feet) x 1 inch x 1 foot / 12 inches (2) Stormwater volume (gallons) = stormwater volume (cubic feet) x 7.48 gallons / cubic foot D. For proposed stormwater BMPs, if applicable, a description of anticipated maintenance activities and schedule to ensure that the stormwater BMP continues to function as intended. A stormwater BMP maintenance guide, provided by the Stormwater Authority and customized as needed for the project, may be used to meet this requirement. E. A drawing, map, or plan that shows: (1) Existing site features including structures, pavement, trees, plantings, and stonnwater management systems, etc.; (2) Proposed work including proposed stormwater management systems and limits of disturbance; and (3) Proposed erosion and sedimentation controls. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 22 of 30 Maior Stormwater Permit Applications The Stormwater Management Plan shall contain sufficient information for the Stormwater Authority to evaluate the environmental impact, effectiveness, and acceptability of the site planning process and the measures proposed by the applicant to prevent adverse impacts from stormwater runoff during and after construction. The applicant shall submit one digital copy and twelve (12) printed copies of the Stormwater Management Plan. Stormwater Management Plans submitted for consideration shall contain the following minimum components: 1. Site Plan; 2. Stormwater Management Report; and 3. Operation and Maintenance Plan. More information than the minimum required herein may be required by the Stormwater Authority, provided such information is reasonably necessary for the proper evaluation of the Stormwater Management Plan. Additional plans, such as but not limited to utility plan, landscaping plan, etc., may be required for more complex projects. Site Plan The Site Nan shall be prepared to fully detail and explain the intentions of the Applicant. Site Plan sheets shall be prepared at a standard scale (1" = 20', 1" = 40', or 1" = 80', whichever is appropriate to the size of the proposal). All sheets shall include a reasonable numbering system with an appropriate title block, north arrow, signature block, and legend identifying any representative symbols used on the sheet in question. Design Certification: Each plan sheet shall show the seal and signature of an Engineer, Landscape Architect, or Surveyor, as appropriate to the data. The Site Plan shall include the following sheets (pages), at a minimum: A. Existing Conditions Sheet The Existing Conditions sheet shall contain all the necessary information to convey existing surface features and drainage patterns. It shall contain a topographical survey plan prepared by a Surveyor, including the following information: 1. Name, seal, and signature of the Surveyor who performed the survey. 2. Date(s) of the survey. 3. Reference to all deeds, plans of record, and other information used to establish the existing property lines, the layout of all streets and ways, and public and private easements, including deed references to the abutting lots. 4. Locus, prepared at a scale not smaller than 1" = 1200' and a minimum extent of Town of Brewster Stormwater Management Regulations February 23, 2022 Page 23 of 30 one mile diameter. Major streets, buildings, brooks, streams, rivers, or other landmarks should be shown on the Locus with sufficient clarity to be easily discernible. 5. Existing property lines, public and private easements, and road layouts with bearings and distances. All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed one to ten thousand. 6. Boundary of the entire property held in common ownership by the Applicant regardless of whether all or part is being developed at this time. 7. Acreage of the property to the nearest tenth of an acre. 8. Existing monuments. 9. Location and name of all abutters as they appear on the most recent tax list, including owners of the property on the opposite side of all streets abutting the property. 10. Location, names, status (i.e., public or private), and present widths of streets and sidewalks bounding, approaching, or within reasonable proximity of the property, showing both roadway widths and right-of-way width. 11. Location of all test pits, borings, percolation tests, or similar, in or adjacent to the development. Logs of observed groundwater elevations and other test data shall be included in the Stormwater Management Report. 12. Location of all existing buildings and structures on the property and within reasonable proximity of the perimeter of the property. 13. Location of all existing wells and septic systems that can be observed and/or are on file with the Health Department, on the property and within reasonable proximity of the perimeter of the property. 14. Features within and abutting the property, including but not limited to, waterways, water bodies, drainage ditches, streams, brooks, stone walls, fences, curbing, walkways and other paths (paved or unpaved), utility and light poles, buildings and other structures, ledge outcrops, wooded areas, public shade trees and all other trees greater than four (4) inches in diameter at breast height (4'/2 feet above grade), and historic sites. 15. Location and identification of resource areas regulated under the Massachusetts Wetlands Protection Act or the Brewster Wetlands Protection Bylaw, including areas located within the property and areas outside of the property with buffer zones or offsets that may intersect the property. This shall include wetlands and associated offsets and buffer zones, isolated lands subject to flooding (ILSF), bordering land subject to flooding (BLSF), and riverfront protection areas. If a currently valid delineation for the property does not exist, wetland boundaries shall be delineated in the field with numbered flags by a qualified wetlands specialist, surveyed, and shown on the plan(s) with reference to the flag numbers. The date of any Resource Area Delineation, Determination of Applicability, Order of Conditions, or other applicable decision from the Brewster Conservation Commission shall be indicated on the plans. 16. Location of aquifer protection zones, including Zone 1 and Zone II as defined in Town of Brewster Stormwater Management Regulations February 23, 2022 Page 24 of 30 the Brewster Water Quality Protection Bylaw, Chapter 179 Article XI. 17. Location of all existing above- and below -ground utilities and all associated appurtenances within and abutting the property. All utility pipe types, sizes, lengths, and slopes shall be provided, as well as utility structure information, including rim and invert elevations. 18. Existing topography within the property and within reasonable proximity of the perimeter of the property. Topography shall be provided at a minimum one -foot contour intervals. The plan survey datum shall be the National American Vertical Datum 1988 (NAVD88), and this reference shall be identified on the plans. 19. Stormwater flow direction. B. Proposed Conditions Sheet The Proposed Conditions sheet shall indicate all proposed site improvements, including but not limited to structures, buildings, sidewalks, handicap ramps, parking areas, curb type and limits, walls, fences, landscaped areas, and the proposed location of all utilities, as described below: 1. All applicable information from the Existing Conditions sheet. The proposed improvements shall be overlaid on the existing conditions and shown in a darker line weight. 2. The boundaries of the site, the outline or footprint of all proposed buildings, structures, parking areas, walkways, loading facilities, or significant landscaping features shall be shown. 3. All means of vehicular access for ingress and egress to and from the site onto the public streets. Plans should show the size and location of driveways and curb cuts. 4. The location of all public shade trees and all other trees over four (4) inches in diameter at breast height (4'/2 feet above grade) to be removed. 5. The location and type of all above -ground and below -ground utilities. 6. The existing and proposed above- and below -ground stormwater management system, with pipe sizes, lengths, slopes, and materials including conveyances, catch basins, manholes, culverts, headwalls, detention and/or retention basins, treatment units, infiltration systems, and outlet pipes/structures. Rim and invert elevations shall be provided for all structures and other appurtenant features. 7. Proposed contours indicating the finished grades of all proposed construction in the site. The plan shall show how the proposed grades will tie in to the existing grades within and outside of the limit of disturbance. The grades should be provided at a minimum one -foot contour intervals. Walls, curbing and any other features creating a break in grade shall be shown, including proposed top and bottom grades. 8. Stormwater flow direction. C. Erosion and Sediment Control Sheet The Erosion and Sediment Control sheet shall contain sufficient information to demonstrate that erosion will be minimized and sediment contained as part of a land disturbance activity, Town of Brewster Stormwater Management Regulations February 23, 2022 Page 25 of 30 including the following: 1. All applicable information from both the Existing and Proposed Conditions sheets. The proposed development information shall be shown in a darker line weight. 2. Location of the proposed limit of land disturbance activity, to be lined by perimeter sediment controls in downgradient areas and along all resource areas. 3. Location of anti -tracking area at each construction entrance. 4. Inlet and outlet erosion and sediment controls at all existing and proposed drainage structures. 5. Tree protection for all public shade trees and all other trees over six inches in caliper proposed to remain. 6. Seeding, sodding, or revegetation plans and specifications for all unprotected or unvegetated areas. 7. Location and design of all structural erosion and sediment control measures, such as grade stabilization practices, temporary drainage swales, dewatering devices, and temporary sedimentation basins. 8. Location of all proposed construction stockpiling and staging areas with appropriate erosion and sediment control measures. 9. Location of areas designated for revegetation or infiltration -based BMPs, with notes indicating that soil compaction shall be avoided in those areas. 10. Notes detailing the proposed operation, maintenance, and inspection schedule for all erosion and sedimentation control measures, including proposed schedule for street sweeping of adjacent roadways and paved areas. 11. Notes indicating that demolition debris, discarded building materials, concrete truck wash out, chemicals, litter, and sanitary wastes may not be discharged to the MS4 and must be legally disposed of. 12. Where a site is located in whole or in part within the floodplain, a Floodplain Contingency Plan shall be included. The Floodplain Contingency Plan shall describe the steps necessary to stabilize the site during construction in the event that a flood watch is declared by the National Weather Service. 13. Where a project is also subject to coverage under a National Pollutant Discharge Elimination System (NPDES) Construction General Permit issued by the EPA, submission of the Stormwater Pollution Prevention Plan (SWPPP) shall be required prior to commencement of land disturbance activities. D. Construction Details Sheet The Construction Details sheet should provide information regarding the component parts of the construction, illustrating how they fit together. The sheet shall show the following: 1. Typical construction details of all proposed stormwater management system devices, including but not limited to conveyances, catch basins, manholes, headwalls, sub -drains, detention and retention systems, and other stormwater management system structures. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 26 of 30 2. Landscaping details including, but not limited to, tree plantings, shrubs, perennials, fences, walls, guard rails, street furniture, and other specialty items, if applicable. 3. Construction details for all hard surfaces, including but not limited to, roadways, sidewalks, driveways, loading docks, handicap ramps, permeable pavers, and curbing. 4. Erosion and sediment control details that for components included in the Erosion and Sediment Control Plan. 5. Where site constraints or differing conditions require work that deviates from "typical details," specific construction details shall be provided. 6. All proposed work within the public right-of-way shall conform to Town of Brewster and/or MassDOT Standard Details, where applicable. Stormwater Management Report A separate Stormwater Management Report shall be submitted with the Stormwater Permit Application. It shall be prepared and stamped by an Engineer, and shall contain the following information: 1. Contact Information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected. 2. Description of the watershed that the site is located in, the immediate downgradient waterbody(s) that stormwater runoff from the site discharges to, the impairment status and Total Maximum Daily Load (TMDL), if applicable, of the watershed and waterbody(s), and the pollutant(s) of concern. 3. Description of the existing and proposed soil conditions (including Hydrologic Soils Group [HSG] classification published by the National Resources Conservation Service [NRCS]), land use, land cover, estimated high groundwater elevations, design points, drainage patterns, and proposed stormwater management practices. 4. Description of proposed work within proximity of regulated wetland resources, aquifer protection zones, earthwork within 4 feet of seasonal high groundwater elevations, and other sensitive environmental areas. 5. Description of the low impact development (LID) site planning and design techniques considered for the project and an explanation as to why they were included or excluded from the project. 6. Description of the existing and proposed stormwater management system, including all proposed BMPs incorporated in the project design. 7. Description of all soil testing conducted in the study area, including sieve analyses, tests for saturated hydraulic conductivity, test pits, or soil borings. Soils information shall be based on field investigations by a Soil Evaluator approved by the Commonwealth of Massachusetts, or by an Engineer. Testing shall be performed in accordance with Volume 3 of the Massachusetts Stormwater Handbook (dated February 2008, as amended) and these Rules and Regulations. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 27 of 30 Raw test data shall be provided in an appendix to the report. 8. Narrative describing the methodology used to conduct the hydrologic and hydraulic analyses of the site and the design of the proposed stormwater management system. 9. Tables comparing existing and proposed impervious areas, peak stormwater runoff rates, and total stormwater runoff volumes for each design point and for the 2-, 10-, 25-, and 100 -year design storms. 10. Narrative and calculations demonstrating compliance with the Massachusetts Stormwater Management Standards. 11. Narrative and calculations demonstrating compliance with the requirements of Section 6 of these Regulations, including estimated reductions to annual average load of total suspended solids (TSS) and annual average load of total phosphorus (TP). Calculations shall be completed using the Environmental Protection Agency (EPA) Region 1's BMP Accounting and Tracking Tool (2016), the Massachusetts MS4 Permit methodology, or other BMP performance evaluation tool provided by the Stormwater Authority. 12. Description of any impacts to the floodplain and floodway and a summary of compensatory flood storage calculations, if appropriate. 13. Description of existing and proposed groundwater recharge on the site, including quantitative summary of existing and proposed recharge volumes, and summary of groundwater mounding analysis, if applicable. 14. Plans showing existing and proposed drainage areas, including any off -site contributions, and time of concentration travel flow -paths. Study design points should be indicated on the plan. 15. If applicable, a map showing the location of the site overlaid on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) for the Town of Brewster, or other appropriate information pertaining to location of the floodplain and floodway boundaries in relation to the site. 16. Appendix containing all drainage calculations for existing and proposed conditions, including hydrologic analysis of the site, hydraulic analysis of the proposed drainage system, and calculations supporting the design of all BMPs that will control stormwater runoff pollutants, peak rates, and volumes. 17. Massachusetts Department of Environmental Protection (MassDEP) Checklist for Stormwater Report, stamped and signed by a registered Professional Engineer (PE) licensed in the Commonwealth of Massachusetts to certify that the Stormwater Management Plan is in accordance with the criteria established in the Massachusetts Stormwater Management Standards, Brewster Stormwater Management Bylaw, and these Regulations. Operation and Maintenance Plan An Operation and Maintenance (O&M) Plan, in accordance with the Massachusetts Stormwater Management Standards, shall be included with the Stormwater Management Plan. The purpose of the plan is to identify the actions necessary to ensure that stormwater management systems and BMPs function as designed, in perpetuity. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 28 of 30 At a minimum, the O&M Plan shall contain: 1. The name(s) of the Owner of all components of the system, and the name(s) and address(es) of the Responsible Party for O&M of each component, if different from the Owner. 2. A plan that is prepared to scale and shows the location of all stormwater management system components and all discharge points. 3. A description of all BMPs, including proper operating parameters and how the Owner will determine if a BMP is not functioning properly. 4. A description of long-term source control and pollution prevention measures. 5. An inspection log and a description of all inspection and maintenance procedures, responsibilities, and frequencies. 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; 6. An inspection and maintenance schedule for all routine and non -routine maintenance tasks to be performed. 7. Minimum qualifications for personnel that will perform inspections and maintenance. 8. Snow storage procedures and locations in accordance with the MassDEP Snow Disposal Guidance, dated December 11, 2020, as amended. Snow shall not be stored or disposed of in any proposed stormwater BMP. 9. A list of easements held to access any BMPs. 10. An estimated O&M budget. 11. A copy of the As -built Plan prepared in accordance with Section 5.9 of these Regulations, upon project completion. Town of Brewster Stormwater Management Regulations February 23, 2022 Page 29 of 30 Appendix C. Fee Schedule Fee Minor Stormwater Permit Application $50 Major Stormwater Permit Application $100 Consultant Services and Technical Review Determined on a case -by -case basis Town of Brewster Stormwater Management Regulations February 23, 2022 Page 30 of 30 Brewster Stormwater Management Bylaw Frequently Asked Questions What is stormwater and why does it matter? Stormwater is rain and snow melt that doesn’t soak into the ground but instead flows over impervious surfaces such as roofs, pavement, and gravel driveways. As stormwater flows, it picks up soil, animal waste, road salt, fertilizer, trash, and other pollutants that can impact our ponds, coastal waters, and drinking water. Land disturbance activities, such as clearing, construction, and creation of impervious surfaces, can increase stormwater runoff and pollutants if not managed properly. Runoff from disturbed lands also impacts the town’s storm drainage systems, exacerbating road flooding during large storms and necessitating more frequent maintenance and upgrades. What activities trigger the bylaw? With some exceptions, the bylaw applies to projects that will, over a 2-year period: 1) Disturb over 10,000 square feet of land. And/or 2) Increase impervious surface area by over 500 square feet. A project that meets either of these thresholds must apply for a Stormwater Permit. Would a Stormwater Permit be required for these projects? Yes No  Clearing a quarter-acre forest to create a landscaped yard.  Building a 600-square-foot addition onto an existing house.  Expanding an existing parking lot to add 4 parking spaces.  Constructing a new home on a vacant lot.  Building a 400 square-foot garage and then adding a 400 square-foot patio the next year.  Reconstructing a 1,000-foot length of road.  Installing a large solar array in a field.  Paving an existing gravel driveway (< 10,000 sq. ft.) without expanding it.  Installing or repairing a septic system.  Demolishing a structure and reconstructing it within the same footprint (assuming construction disturbs < 10,000 sq. ft. land area).  Maintaining an existing landscaped property.  Building a new 600-square-foot driveway and converting the old 400-square-foot driveway into lawn. (This would only increase impervious surface area by 200 square feet).  Installing solar panels on a roof or over an existing parking lot. Commonly Used Terms Land disturbance: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. Impervious surface: Any surface that prevents water from soaking into the underlying soil. This can include roofs, solar panels, artificial turf, and paved, gravel, or crushed-shell roads, driveways, parking areas, and sidewalks. What does the Stormwater Management Bylaw require? As described in the Brewster Stormwater Management Regulations, the size of a project will determine the stormwater permitting requirements that must be met. Small projects may qualify for a minor permit, which has simpler procedures and requirements than for a major permit. Minor Permits. Small projects that will disturb between 10,000 – 20,000 square feet of land or will increase impervious surface area by 500 - 2,500 square feet will require a minor permit. These projects can use simple, non-engineered practices to prevent sediment from washing offsite during construction and to soak rain into the ground after construction. Minor permit applications can be approved administratively by the Town Planner, Building Commissioner, Conservation Agent, or DPW Director. Rain Barrel Drywell Rain Garden Major Permits. Larger projects (above 20,000 square feet of land disturbance or 2,500 square feet increase in impervious surface area) will need to provide construction-site and post-construction stormwater management in accordance with the Massachusetts Stormwater Handbook and the Massachusetts MS4 General Permit. These requirements are similar to those for projects under Conservation Commission jurisdiction. Major permit applications will be acted upon by the Conservation Commission if the project is within jurisdiction of the Wetlands Protection Bylaw, or by the Planning Board for all other projects. Bioretention Basin Permeable Pavement Brewster Stormwater Management Bylaw Guide for Minor Stormwater Permit Applicants This fact sheet provides guidance to applicants for a Minor Stormwater Permit under the Brewster Stormwater Management Bylaw. Please refer to the Stormwater Management Regulations for more detail. Does my project qualify for a Minor Permit? You can apply for a Minor Stormwater Permit if your project falls within or below the following thresholds:  Cumulative area of land disturbance between 10,000 and 20,000 square feet over a 2-year period, and  Net increase of impervious surface area between 500 and 2,500 square feet over a 2-year period. If your project’s land disturbance or net impervious surface area are above those thresholds, you will need to apply for a Major Stormwater Permit. How do I apply for a Minor Permit? Download and fill out the Town of Brewster Stormwater Management Permit Application. In the space provided for “Detailed Project Description”, include the following information:  A description of the proposed work,  The square footage of the proposed area of land disturbance, the existing impervious surface area, and the proposed impervious surface area,  Low-impact development strategies that will be incorporated into the project,  Proposed measures to control erosion, sediment, and wastes during construction, and  Proposed stormwater practices to manage runoff after construction. Attach the following to your application form:  A drawing, map, or plan that shows existing site features, proposed site features, limits of land disturbance, proposed construction-site erosion and sedimentation controls, and proposed post- construction stormwater practices,  A page showing your calculations for the stormwater volume to be managed and sizing of the proposed post-construction stormwater practices, and  A page describing the anticipated maintenance activities and schedule to ensure that the stormwater practices continue to function as intended. If your project is subject to the Wetlands Protection Bylaw (i.e., if it is within 100 feet of a wetland), submit your application to the Conservation Department. Otherwise, submit your application to the Planning Department. TIP Is your project just barely above the 500 or 2,500- square-foot thresholds for net impervious surface area? With good design, you might be able to get below those thresholds. Look for ways to reduce the area of existing and new impervious surfaces. For example, can you make the new driveway narrower? Revegetate unused parking spaces? Commonly Used Terms Land disturbance: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. Impervious surface: Any surface that prevents water from soaking into the underlying soil. This can include roofs, solar panels, artificial turf, and paved, gravel, or crushed-shell roads, driveways, parking areas, and sidewalks. Brewster Stormwater Management Bylaw Guide for Minor Stormwater Permit Applicants Where can I go for help? Please reach out to the Planning Department, Conservation Department, or the Department of Public Works for guidance on the Stormwater Management Regulations, application process, resources, and examples. You can also hire an engineer or landscape architect to assist you with the design and permit application. What are low impact development strategies? Low impact development (LID) planning and design strategies aim to enhance a landscape’s ability to slow, filter, and soak in rain. Applicants for Minor Permits must evaluate and implement LID strategies unless it is impracticable due to cost or site constraints. Some strategies that you might consider include:  Minimize the area of impervious surfaces on your property,  Slope new impervious surfaces toward vegetated areas, where runoff can soak in,  Till, amend, and densely seed your lawn to improve drainage and reduce erosion,  Protect and care for trees on your property, and  Plant trees and native plants to replace mowed lawn. What is construction-site stormwater management? The Regulations list best practices for construction-site stormwater management in Section 6.1. Minor Permit projects must implement these practices unless they are impracticable due to cost or site constraints. At a minimum, projects must control erosion, sediment, and construction wastes to prevent nuisance conditions, such as sediment or debris washouts onto abutting properties and public rights of way. Inlet Protection Tree Protection Covered and Contained Stockpiles Association to Preserve Cape Cod meadow in Dennis, MA Brewster Stormwater Management Bylaw Guide for Minor Stormwater Permit Applicants What are post-construction stormwater practices? Minor Permit projects must install at least one stormwater practice (also known as stormwater best management practice, or BMP) to mitigate the impacts of stormwater runoff and pollutants generated from impervious surfaces on the property. Some common practices to consider are rain barrels, dry wells, rain gardens, permeable pavers, and directing runoff toward vegetated areas (impervious area disconnection). Rain Barrel Drywell Rain Garden Permeable Pavers How do I select and design my stormwater practices? Step 1. Understand Your Site Conditions Before selecting a stormwater practice, it is helpful to first understand conditions on your property and which stormwater practices are suitable for those conditions. Soils  Most properties in Brewster have sandy soils that allow water to soak in quickly. These are called “high permeability” soils. Disconnection and infiltration practices work best in permeable soils.  Some properties in Brewster have clay soils that drain water slowly. These are called “low permeability” soils. Rain barrels and rain gardens work best in these conditions but may require simple soil amendments.  If you are not sure if your property has high or low permeability soils, view the soils map on the Town of Brewster GIS Map Viewer. Areas shown as Hydrologic Soil Group (HSG) A or HSG B have high permeability; areas shown as HSG C or HSG D have low permeability. Groundwater Table  Stormwater practices that soak water into the ground should be located in areas that are dry in the springtime. If you have frequent spring ponding or basement flooding when it has not been raining, the groundwater table on your property might be too high for stormwater to infiltrate. Slope  Most stormwater practices should be in an area that is flat or gently sloped (i.e., a vertical drop of 5 feet over horizontal distance of 100 feet). Commonly Used Terms Stormwater practice: Sometimes referred to as best management practice (BMP), methods used to collect, cleanse, and infiltrate stormwater. Impervious surface: Any surface that prevents water from soaking into the underlying soil. This can include roofs, solar panels, artificial turf, and paved, gravel, and crushed-shell roads, driveways, parking areas, and sidewalks. Infiltration: Soaking water into the ground. Permeability: Soil characteristic that describes how easily water can drain through it. Brewster Stormwater Management Bylaw Guide for Minor Stormwater Permit Applicants Available Space  It may be helpful to measure the area on your property to see if you have enough space for your desired practice. Stormwater infiltration practices should be placed at least 10 feet from building foundations and property lines, 50 feet from septic system leach fields and surface waters, and 100 feet from private wells. Step 2. Select Your Stormwater Practice Use the matrix below to identify stormwater practices that might be suitable for your property. Stormwater Practices Source of Stormwater Soils and Groundwater Slope Available Space Roof Driveway /Parking Patio High Permeability, Dry Area Low Permeability or Wet Area Flat or Gently Sloping Steep Slopes < 100 ft2 > 100 ft2 Dry Well X X X X Permeable Pavers X X X X X X Rain Garden X X X X * X X Infiltration Trench X X X X X X Rain Barrel X X X X X Impervious Area Disconnection X X X X X X X *Low permeability soils can be amended to improve permeability, and the system size is increased to account for poor soils Step 3. Calculate the Volume of Stormwater to Manage For Minor Permits, the Brewster Stormwater Management Regulations require that an applicant install one or more stormwater practices that are sized to manage 1 inch of runoff from the net impervious surface area (proposed minus existing impervious surface area) or 500 square feet, whichever is greater. Impervious surface area is the square footage of land covered by roof, driveway, parking area, patio, and other hardscapes on your property. To calculate the volume of runoff to manage, use the following equation: STORMWATER VOLUME TO MANAGE (ft3) = IMPERVIOUS SURFACE AREA (ft2) × 0.083 (ft) If the stormwater practice is designed to infiltrate runoff and will be located in an area with very sandy soils where water soaks in immediately, you may apply a 20% reduction to the required stormwater volume and calculate volume using the following equation. STORMWATER VOLUME FOR SANDY SOIL INFILTRATION (ft3) = STORMWATER VOLUME (ft3) × 0.8 Step 4. Design your Stormwater Practice Refer to the fact sheet for your selected stormwater practice for instructions on where to place your practice and how to design it. Step 5. Plan for Maintenance Stormwater practices must be maintained to ensure that they continue to function as intended. Maintenance typically includes periodic inspections of the stormwater practice, cleaning out accumulated sediment, leaves, and other debris, and taking care of plants (e.g., for rain gardens). For more information about the maintenance activities and schedule, refer to the fact sheet for your selected stormwater practice. ft = feet ft2 = square feet ft3 = cubic feet gal = gallons Structural BMPs - Volume 2 | Chapter 2 page 23 Bioretention Areas & Rain Gardens Standard Description 2 - Peak Flow N/A 3 - Recharge An exfiltrating bioretention area provides groundwater recharge. 4 - TSS Removal 90% TSS removal credit with adequate pretreatment 5 - Higher Pollutant Loading Can be used for certain land uses with higher potential pollutant loads if lined and sealed until adequate pretreatment is provided. Adequate pretreatment must include 44% TSS removal prior to infiltration. For land uses that have the potential to generate runoff with high concentrations of oil and grease such as high intensity use parking lots and gas stations, adequate pretreatment may also include an oil grit separator, sand filter or equivalent. In lieu of an oil grit separator or sand filter, a filtering bioretention area also may be used as a pretreatment device for infiltration practices exfiltrating runoff from land uses with a potential to generate runoff with high concentrations of oil and grease. 6 - Discharges near or to Critical Areas Good option for discharges near cold-water fisheries. Should not be used near bathing beaches and shellfish growing areas. 7 - Redevelopment Suitable with appropriate pretreatment Ability to meet specific standards Pollutant Removal Efficiencies Total Suspended Solids (TSS) 90% with vegetated filter strip or equivalent• Total Nitrogen 30% to 50% if soil media at least 30 inches• Total Phosphorus 30% to 90%• Metals • (copper, lead, zinc, cadmium) 40% to 90% Pathogens (coliform, e coli) Insufficient data• Description: Bioretention is a technique that uses soils, plants, and microbes to treat stormwater before it is infiltrated and/or discharged. Bioretention cells (also called rain gardens in residential applications) are shallow depressions filled with sandy soil topped with a thick layer of mulch and planted with dense native vegetation. Stormwater runoff is directed into the cell via piped or sheet flow. The runoff percolates through the soil media that acts as a filter. There are two types of bioretention cells: those that are designed solely as an organic filter filtering bioretention areas and those configured to recharge groundwater in addition to acting as a filter exfiltrating bioretention areas. A filtering bioretention area includes an impermeable liner and underdrain that intercepts the runoff before it reaches the water table so that it may be conveyed to a discharge outlet, other best management practices, or the municipal storm drain system. An exfiltrating bioretention area has an underdrain that is designed to enhance exfiltration of runoff into the groundwater. Structural BMPs - Volume 2 | Chapter 2 page 24 Advantages/Benefits: Can be designed to provide groundwater recharge and preserves the natural water balance of the site• Can be designed to prevent recharge where appropriate• Supplies shade, absorbs noise, and provides windbreaks• Can remove other pollutants besides TSS including phosphorus, nitrogen and metals• Can be used as a stormwater retrofit by modifying existing landscape or if a parking lot is being resurfaced• Can be used on small lots with space constraints• Small rain gardens are mosquito death traps• Little or no hazard for amphibians or other small animals• Disadvantages/Limitations: Requires careful landscaping and maintenance• Not suitable for large drainage areas• Special Features: Can be lined and sealed • to prevent recharge where appropriate Adequate pretreatment is • essential Not recommended in areas • with steep slope Depth of soil media depends • on type of vegetation that is proposed Soil media must be 30 inches • deep to achieve removal of nitrogen Activity Frequency Inspect and remove trash Monthly Mow 2 to 12 times per year Mulch Annually Fertilize Annually Remove dead vegetation Annually Prune Annually Maintenance adapted from the Vermont Stormwater Manual Structural BMPs - Volume 2 | Chapter 2 page 25 Bioretention Areas & Rain Gardens Not all bioretention cells are designed to exfiltrate. Only the infiltration requirements are applicable to bioretention cells intended to exfiltrate. Applicability Bioretention areas can provide excellent pollutant removal for the “first flush” of stormwater runoff. Properly designed and maintained cells remove suspended solids, metals, and nutrients, and can infiltrate an inch or more of rainfall. Distributed around a property, vegetated bioretention areas can enhance site aesthetics. In residential developments they are often described as “rain gardens” and marketed as property amenities. Routine maintenance is simple and can be handled by homeowners or conventional landscaping companies, with proper direction. Bioretention systems can be applied to a wide range of commercial, residential, and industrial developments in many geologic conditions; they work well on small sites and on large sites divided into multiple small drainage areas. Bioretention systems are often well suited for ultra-urban settings where little pervious area exists. Although they require significant space (approximately 5% to 7% of the area that drains to them), they can be integrated into parking lots, parking lot islands, median strips, and traffic islands. Sites can be retrofitted with bioretention areas by replacing existing parking lot islands or by re-configuring a parking lot during resurfacing. On residential sites, they are commonly used for rooftop and driveway runoff. Effectiveness Bioretention areas remove pollutants through filtration, microbe activity, and uptake by plants; contact with soil and roots provides water quality treatment better than conventional infiltration structures. Studies indicate that bioretention areas can remove from 80% to 90% of TSS. If properly designed and installed, bioretention areas remove phosphorus, nitrogen, metals, organics, and bacteria to varying degrees. Bioretention areas help reduce stress in watersheds that experience severe low flows due to excessive impervious cover. Low-tech, decentralized bioretention areas are also less costly to design, install, and maintain than conventional stormwater technologies that treat runoff at the end of the pipe. Decentralized bioretention cells can also reduce the size of storm drain pipes, a major component of stormwater treatment costs. Bioretention areas enhance the landscape in a variety of ways: they improve the appearance of developed sites, provide windbreaks, absorb noise, provide wildlife habitat, and reduce the urban heat island effect. Planning Considerations Filtering bioretention areas are designed with an impermeable liner and underdrain so that the stormwater may be transported to additional BMPs for treatment and/or discharge. Exfiltrating bioretention areas are designed so that following treatment by the bioretention area the stormwater may recharge the groundwater. Both types of bioretention areas may be used to treat runoff from land uses with higher potential pollutant loads. However, exfiltrating bioretention areas may be used to treat runoff from land uses with higher potential pollutant loads, only if pretreatment has been provided to achieve TSS removal of at least 44%. If the land use has the potential to generate runoff with high concentrations of oil and grease, other types of pretreatment, i.e., a deep sump catch basin and oil grit separator or a sand filter, is required prior to discharge of runoff to an exfiltrating bioretention area. A filtering bioretention area may also be used as a pretreatment device for an exfiltrating bioretention area or other infiltration practice that exfiltrates runoff from land uses with a potential to generate runoff with high concentrations of oil and grease. To receive 90% TSS removal credit, adequate pretreatment must be provided. If the flow is piped to the bioretention area a deep sump catch catch basin and sediment forebay should be used to provide pretreatment. For sheet flow, there are a number or pretreatment options. These options include: A vegetated filter strip, grass channel or water • quality swale designed in accordance with the specifications set forth in Chapter 2. A grass and gravel combination. This should • consist of at least 8 inches of gravel followed by 3 to 5 feet of sod. (source: North Carolina Stormwater Manual, 2007, http://h2o.enr.state.nc.us/su/ documents/Ch12-Bioretention_001.pdf) Pea diaphragm combined with a vegetated filter • strip specially designed to provide pretreatment for a bioretention area as set forth in the following table. (source: Georgia Stormwater Manual and Claytor and Schuler 1996) Structural BMPs - Volume 2 | Chapter 2 page 26 Bioretention areas must not be located on slopes greater than 20%. When the bioretention area is designed to exfiltrate, the design must ensure vertical separation of at least 2 feet from the seasonal high groundwater table to the bottom of the bioretention cell. For residential rain gardens, pick a low spot on the property, and route water from a downspout or sump pump into it. It is best to choose a location with full sun, but if that is not possible, make sure it gets at least a half-day of sunlight. Do not excavate an extensive rain garden under large trees. Digging up shallow feeder roots can weaken or kill a tree. If the tree is not a species that prefers moisture, the additional groundwater could damage it. Size the bioretention area using the methodology set forth in Volume 3. Design Size the bioretention area to be 5% to 7% of the area draining to it. Determine the infiltrative capacity of the underlying native soil by performing a soil evaluation in accordance with Volume 3. Do not use a standard septic system (i.e., Title 5) percolation test to determine soil permeability. The depth of the soil media must be between 2 and 4 feet. This range reflects the fact that most of the pollutant removal occurs within the first 2 feet of soil and that excavations deeper than 4 feet become expensive. The depth selected should accommodate the vegetation. If the minimum depth is used, only shallow rooted plants and grasses my be used. If there is a Total Maximum Daily Load that requires nitrogen to be removed from the stormwater dischrges, the bioretention area should have a soil media with a depth of at least 30 inches, because nitrogen removal takes place 30 inches below the ground surface. If trees and shrubs are to be planted, the soil media should be at least 3 feet. Size the cells (based on void space and ponding area) at a minimum to capture and treat the required water quality volume (the first 0.5 inch or 1 inch of runoff) if intended to be used for water quality treatment (Stormwater Standard No. 4), the required recharge volume if used for recharge (Stormwater Standard No. 3), or the larger of the two volumes if used to achieve compliance with both Stormwater Standards 3 and 4. Cover the bottom of the excavation with coarse gravel, over pea gravel, over sand. Earlier designs used filter fabric as a bottom blanket, but more recent experiences show that filter fabric is prone to clogging. Consequently, do not use fabric filters or sand curtains. Use the Engineered Soil Mix below. Engineered Soil Mix for Bioretention Systems Designed to Exfiltrate The soil mix for bioretention areas should be a • mixture of sand compost and soil. o 40 % sand, o 20-30% topsoil, and o 30-40% compost. The soil mix must be uniform, free of stones, • stumps, roots or similar objects larger than 2 inches. Clay content should not exceed 5%. Soil pH should generally be between 5.5-6.5, a • range that is optimal for microbial activity and adsorption of nitrogen, phosphorus, and other pollutants. Use soils with 1.5% to 3% organic content and • maximum 500-ppm soluble salts. The sand component should be gravelly sand that • meets ASTM D 422. Sieve Size Percent Passing 2-inch 100 ¾-inch 70-100 ¼-inch 50-80 U.S. No. 40 15-40 U.S. No. 200 0-3 The topsoil component shall be a sandy loam, • loamy sand or loam texture. The compost component must be processed • from yard waste in accordance with MassDEP Guidelines (see http://www.mass.gov/dep/recycle/ reduce/leafguid.doc). The compost shall not contain biosolids. Parameter Impervious Area Pervious Areas (lawns, etc.) Maximum inflow approach length (feet) 35 75 75 100 Filter strip slope (max=6%)<2%>2%<2%>2%<2%>2%<2%>2% Filter strip minimum length (feet)10 15 20 25 10 12 15 18 Dimensions for Filter Strip Designed Specially to Provide Pretreatment for Bioretention Area Structural BMPs - Volume 2 | Chapter 2 page 27 On-site soil mixing or placement is not allowed if soil is saturated or subject to water within 48 hours. Cover and store soil to prevent wetting or saturation. Test soil for fertility and micro-nutrients and, only if necessary, amend mixture to create optimum conditions for plant establishment and early growth. Grade the area to allow a ponding depth of 6 to 8 inches; depending on site conditions, more or less ponding may be appropriate. Cover the soil with 2 to 3 inches of fine-shredded hardwood mulch. The planting plan shall include a mix of herbaceous perennials, shrubs, and (if conditions permit) understory trees that can tolerate intermittent ponding, occasional saline conditions due to road salt, and extended dry periods. A list of plants that are suitable for bioretention areas can be found at the end of this section. To avoid a monoculture, it is a good practice to include one tree or shrub per 50 square feet of bioretention area, and at least 3 species each of herbaceous perennials and shrubs. Invasive and exotic species are prohibited. The planting plan should also meet any applicable local landscaping requirements. All exfiltrating bioretention areas must be designed to drain within 72 hours. However, rain gardens are typically designed to drain water within a day and are thus unlikely to breed mosquitoes. Bioretention cells, including rain gardens, require pretreatment, such as a vegetated filter strip. A stone or pea gravel diaphragm or, even better, a concrete level spreader upstream of a filter strip will enhance sheet flow and sediment removal. Bioretention cells can be dosed with sheet flow, a surface inlet, or pipe flow. When using a surface inlet, first direct the flow to a sediment forebay. Alternatively, piped flow may be introduced to the bioretention system via an underdrain. For bioretention cells dosed via sheet flow or surface inlets, include a ponding area to allow water to pond and be stored temporarily while stormwater is exfiltrating through the cell. Where bioretention areas are adjacent to parking areas, allow three inches of freeboard above the ponding depth to prevent flooding. Most bioretention cells have an overflow drain that allows ponded water above the selected ponding depth to be dosed to an underdrain. If the bioretention system is designed to exfiltrate, the underdrain is not connected to an outlet, but instead terminates in the bioretention cell. If the bioretention area is not designed to exfiltrate, the underdrain is connected to an outlet for discharge or conveyance to additional best management practices. Construction During construction, avoid excessively compacting soils around the bioretention areas and accumulating silt around the drain field. To minimize sediment loading in the treatment area, direct runoff to the bioretention area only from areas that are stabilized; always divert construction runoff elsewhere. To avoid compaction of the parent material, work from the edge of the area proposed as the location of an exfiltrationg bioretention cell. Never direct runoff to the cell until the cell and the contributing drainage areas are fully stabilized. Place planting soils in 1-foot to 2-foot lifts and compact them with minimal pressure until the desired elevation is reached. Some engineers suggest flooding the cell between each lift placement in lieu of compaction. Maintenance Premature failure of bioretention areas is a significant issue caused by lack of regular maintenance. Ensuring long-term maintenance involves sustained public education and deed restrictions or covenants for privately owned cells. Bioretention areas require careful attention while plants are being established Bioretention Maintenance Schedule Activity Time of Year Frequency Inspect & remove trash Year round Monthly Mulch Spring Annually Remove dead vegetation Fall or Spring Annually Replace dead vegetation Spring Annually Prune Spring or Fall Annually Replace entire media & all vegetation Late Spring/early Summer As needed* * Paying careful attention to pretreatment and operation & maintenance can extend the life of the soil media Structural BMPs - Volume 2 | Chapter 2 page 28 and seasonal landscaping maintenance thereafter. In many cases, a landscaping contractor working elsewhere on the site can complete maintenance tasks. Inspect pretreatment devices and bioretention cells regularly for sediment build-up, structural damage, and standing water. Inspect soil and repair eroded areas monthly. Re-mulch void areas as needed. Remove litter and debris monthly. Treat diseased vegetation as needed. Remove and replace dead vegetation twice per year (spring and fall). Proper selection of plant species and support during establishment of vegetation should minimize—if not eliminate—the need for fertilizers and pesticides. Remove invasive species as needed to prevent these species from spreading into the bioretention area. Replace mulch every two years, in the early spring. Upon failure, excavate bioretention area, scarify bottom and sides, replace filter fabric and soil, replant, and mulch. A summary of maintenance activities can be found on the previous page. Because the soil medium filters contaminants from runoff, the cation exchange capacity of the soil media will eventually be exhausted. When the cation exchange capacity of the soil media decreases, change the soil media to prevent contaminants from migrating to the groundwater, or from being discharged via an underdrain outlet. Using small shrubs and plants instead of larger trees will make it easier to replace the media with clean material when needed. Plant maintenance is critical. Concentrated salts in roadway runoff may kill plants, necessitating removal of dead vegetation each spring and replanting. The operation and maintenance plan must include measures to make sure the plants are maintained. This is particularly true in residential subdivisions, where the operation and maintenance plan may assign each homeowner the legal responsibility to maintain a bioretention cell or rain garden on his or her property. Including the requirement in the property deed for new subdivisions may alert residential property owners to their legal responsibilities regarding the bioretention cells constructed on their lot. Cold Climate Considerations Never store snow in bioretention areas. The Operation and Maintenance plan must specify where on-site snow will be stored. All snow dumps must comply with MassDEP’s guidance. When bioretention areas are located along roads, care must be taken during plowing operations to prevent snow from being plowed into the bioretention areas. If snow is plowed into the cells, runoff may bypass the cell and drain into downgradient wetlands without first receiving the required water quality treatment, and without recharging the groundwater. References Center for Watershed Protection, 2000, Bioretention as a Water Quality Best Management Practice, Article 110 from Watershed Protection Techniques; http:// www.cwp.org/Downloads/ELC_PWP110.pdf Federal Highway Administration , YEAR, Bioretention Fact Sheet, http://www.fhwa.dot.gov/environment/ Low Impact Development Center, 2003, Drainage – Bioretention Specification, http://www. lowimpactdevelopment.org/epa03/biospec.htm Prince Georges County, 2002, Bioretention Manual, http://www.goprincegeorgescounty.com/der/ bioretention.asp Puget Sound Action Team, 2005, Low Impact Development, Pp. 174 - 184 http://www.psat.wa.gov/ Publications/LID_tech_manual05/LID_manual2005. pdf U.S. Environmental Protection Agency, 1999, Stormwater Technology Fact Sheet, Bioretention, EPA 832-F-99-012, http://www.epa.gov/owm/mtb/biortn. pdf U.S. Environmental Protection Agency, 2005, National Management Measures to Control Nonpoint Source Pollution from Urban Areas, Publication Number EPA 841-B-05-004, Pp. 5-29 http://www.epa.gov/nps/ urbanmm/ University of North Carolina, www.bae.ncsu.edu/topic/bioretention www.bae.ncsu.edu/stormwater/PublicationFiles/ DesigningRainGardens2001.pdf Structural BMPs - Volume 2 | Chapter 2 page 29 Structural BMPs - Volume 2 | Chapter 2 page 30 Structural BMPs - Volume 2 | Chapter 2 page 31 Structural BMPs - Volume 2 | Chapter 2 page 32 Structural BMPs - Volume 2 | Chapter 2 page 33 Structural BMPs - Volume 2 | Chapter 2 page 34 Structural BMPs - Volume 2 | Chapter 2 page 35 Structural BMPs - Volume 2 | Chapter 2 page 84 Description: Dry wells are small excavated pits, backfilled with aggregate, and used to infiltrate uncontaminated runoff from non-metal roofs or metal roofs located outside the Zone II or Interim Wellhead Protection Area of a public water supply and outside an industrial site. Do not use dry wells to infiltrate any runoff that could be significantly contaminated with sediment and other pollutants. Never use dry wells to infiltrate runoff from land uses with higher potential pollutant loads, including parking lot runoff. Dry Wells Advantages/Benefits: Applicable for runoff from non-metal roofs and • metal roofs located outside of the Zone IIs or IWPA of a public water supply, and outside industrial sites Can reduce the size and cost of downstream • BMPs and/or storm drains. Feasible for new development and retrofit • areas Provides groundwater recharge • Disadvantages/Limitations: Clogging likely when used for runoff other than • that from residential rooftops. May experience high failure rate due to • clogging. Only applicable in small drainage areas of one • acre or less. When located near buildings, potential issues • with water seeping into cellars or inducing cracking or heaving in slabs Overflow from roof leader must be directed • away from sidewalks or driveways Standard Description 2 - Peak Flow N/A 3 - Recharge Provides groundwater recharge. 4 - TSS Removal 80% TSS removal for runoff from non-metal roofs and runoff from metal roofs that are located outside the Zone II or Interim Wellhead Protection Area of a public water supply and outside an industrial site. 5 - Higher Pollutant Loading May not be used for runoff from land uses with higher potential pollutant loads, May not be used for runoff from metal roofs located at industrial sites. 6 - Discharges near or to Critical Areas Within a Zone II or IWPAmay be used only for runoff from nonmetal roofs. Outside a Zone II or Interim Wellhead Protection Area, may be used for both metal and nonmetal roofs provided the roof is not located on an industrial site. 7 - Redevelopment For rooftop runoff from non-metal roofs and from metal roofs located outside a Zone II or IWPA and outside industrial sites. Ability to meet specific standards Pollutant Removal Efficiencies Total Suspended Solids (TSS) 80% • Nutrients (Nitrogen, phosphorus) Insufficient data• Metals (copper, lead, zinc, cadmium) Insufficient data• Pathogens (coliform, e coli) Insufficient data• Structural BMPs - Volume 2 | Chapter 2 page 85 Activity Frequency Inspect dry wells.After every major storm in the first few months after construction to ensure proper stabilization and function. Thereafter, inspect annually. Measure the water depth in the observation well at 24- and 48-hour intervals after a storm. Calculate clearance rates by dividing the drop in water level (inches) by the time elapsed (hr). See activity Maintenance Special Features For uncontaminated runoff from non-metal roofs. May be used for runoff from metal roofs located outside the Zone II or Interim Wellhead Protection Area of a public water supply and outside an industrial site. A metal roof is a roof made of galvanized steel or copper. LID Alternative Take advantage of LID site design credit and direct runoff from non-metal roofs to a qualifying pervious area. See Volume 3 for information on disconnecting roof runoff. Consider green roof. adapted from the University of New Hampshire Structural BMPs - Volume 2 | Chapter 2 page 94 Description: Infiltration trenches are shallow excavations filled with stone. They can be designed to capture sheet flow or piped inflow. The stone provides underground storage for stormwater runoff. The stored runoff gradually exfiltrates through the bottom and/or sides of the trench into the subsoil and eventually into the water table. Infiltration Trenches Advantages/Benefits: Provides groundwater recharge.• Reduces downstream flooding and • protects stream bank integrity for small storms. Preserves the natural water balance of the • site. Provides a high degree of runoff pollution • control when properly designed and maintained. Reduces the size and cost of downstream • stormwater control facilities and/or storm drain systems by infiltrating stormwater in upland areas. Suitable where space is limited.• Disadvantages/Limitations: High failure rates due to improper siting, • inadequate pollution prevention and pretreatment, poor design, construction and maintenance. Use restricted to small drainage areas. • Depending on runoff quality, potential risk • of groundwater contamination. Requires frequent maintenance. • Susceptible to clogging with sediment.• Standard Description 2 - Peak Flow Full exfiltration trench systems may be designed for peak rate attenuation 3 - Recharge Provides groundwater recharge. 4 - TSS Removal 80% TSS removal credit when combined with one or more pretreatment BMPs. 5 - Higher Pollutant Loading May be used if 44% of TSS is removed with a pretreatment BMP prior to infiltration. For some land uses with higher potential pollutant load an oil grit separator or equivalent must be used prior to discharge to the infiltration structure. Infiltration must be done in compliance with 314 CMR 5.00. 6 - Discharges near or to Critical Areas Highly recommended with pretreatment to remove at least 44% TSS removal prior to discharge. 7 - Redevelopment Suitable with pretreatment. Ability to meet specific standards Pollutant Removal Efficiencies Total Suspended Solids (TSS) 80% with pretreatment• Total Nitrogen 40% to 70%• Total Phosphorus 40% to 70%• Metals • (copper, lead, zinc, cadmium) 85% to 90% Pathogens • (coliform, e coli) Up to 90% Structural BMPs - Volume 2 | Chapter 2 page 95 Activity Frequency Inspect units and remove debris Every 6 months and after every major storm Remove sediment from pretreatment BMPs Every 6 months and after every major storm Maintenance Special Features: LID Alternative: High failure rate without adequate pretreatment and regular maintenance Reduce impervious areas Bioretention areas adapted from the University of New Hampshire Structural BMPs - Volume 2 | Chapter 2 page 96 Infiltration Trenches Infiltration trenches can be designed for complete exfiltration or partial exfiltration, where a portion of the runoff volume is directed to the trench and the remainder is conveyed to other BMPs. Full Exfiltration Trench Systems Infiltration trenches must be sized to provide storage and exfiltration of the required water quality volume. Full exfiltration systems also provide control of peak discharges and water quality treatment for all storm events equal to or less than the design storm selected. In selecting the design storm, the minimum peak rate attenuation storm event must include the 2- and 10-year 24-hour storm events and may include the 100-year 24-hour storm event, if the runoff from that storm will increase flooding up- or downstream of the site. An emergency overflow channel is required to discharge runoff volumes in excess of the design storm. Economic and physical constraints can restrict the use of full exfiltration systems. Generally, it is not practical to provide storage for large infrequent storms, such as the 100-year storm. Partial or Water Quality Exfiltration Trench Systems These systems exfiltrate a portion of the runoff, while the remainder is conveyed to other BMPs. At a minimum, they must be sized to exfiltrate the recharge volume required by Stormwater Management Standard 3. There are two methods of partial infiltration. The first relies on off-line treatment where a portion of the runoff, or the “first- flush,” is routed from the main channel to the trench by means of a weir or other diversion structure. The second method is on-line, and uses a perforated pipe at the top of the trench. This underdrain must be placed near the top of the trench. Refer to the design section below. After the trench fills to capacity, excess runoff is discharged through the perforated pipe and directed to other BMPs. Applicability Infiltration trenches always require a pretreatment BMP. For sheet flow, pretreatment BMP structures that may be used include vegetated filter strips and pea stone gravel diaphragms. For piped flow, a sediment forebay should be used. Infiltration trenches are feasible at sites with gentle slopes, permeable soils, and where seasonal high groundwater levels are at least two feet below the bottom of the trench. MassDEP recommends providing greater depths from the bottom of the trench to seasonal high groundwater elevation to reduce the potential for failure. Depth to bedrock will need to be evaluated to determine if use of an infiltration trench is feasible. Contributing drainage areas must be relatively small and not exceed 5 acres. Infiltration trenches are suitable for parking lots, rooftop areas, local roads, highways, and small residential developments. Infiltration trenches are adaptable to many sites because of their thin profile. Table IT.1 lists the recommended site criteria. Infiltration trenches can be used in upland areas of larger sites to reduce the overall amount of runoff and improve water quality while reducing the size and costs of downgradient BMPs. Infiltration trenches are effective at mimicking the natural, pre-development hydrological regime at a site. Full exfiltration systems that have been carefully designed may be capable of controlling peak discharges from the 2-year and 10-year 24-hour storm. Planning Considerations MassDEP highly recommends using infiltration trenches near Critical Areas. They may be used to treat stormwater discharges from areas of higher potential pollutant loads, provided 44% of TSS is removed prior to infiltration. For some land uses with higher potential pollutant load, an oil grit separator or equivalent device may be required prior to discharge to the infiltration trench. When an oil/grit separator is used, pipe the runoff to the infiltration trench. Discharges from land uses with higher potential pollutant loads require compliance with 314 CMR 5.00. Before planning infiltration trenches, carefully evaluate the subsurface of the site including soils, depth to bedrock, and depth to the water table. Make sure soils have a minimum percolation rate of 0.17 inches per hour. Make the slopes of the contributing drainage area less than 5%. Infiltration trenches have extremely high failure rates, usually due to clogging, so pretreatment is essential. Infiltration trenches are not intended to remove coarse particulate pollutants, and generally are difficult to rehabilitate once clogged. Typical pretreatment BMPs for infiltration trenches Structural BMPs - Volume 2 | Chapter 2 page 97 include oil grit separators, deep sump catch basins, vegetated filter strips, pea stone gravel diaphragms, or sediment forebays. Clogging can be an issue even when infiltrating uncontaminated rooftop runoff as well, so it is important to implement some form of pretreatment to remove sediments, leaf litter, and debris to ensure the proper functioning of the trench and allow for longer periods between maintenance. Consider the impacts of infiltrating stormwater on nearby resources. Infiltration trenches need to be set back outside Zone Is and Zone As for public drinking water supplies. Finally, avoid creating groundwater mounds near Chapter 21e sites that could alter subsurface flow patterns and spread groundwater pollution. Design See the following for complete design references: Maryland Stormwater Design Manual, Volumes I and II. October 2000. Maryland Department of Environment. Baltimore, MD. The volume and surface area of an infiltration trench relate to the quantity of runoff entering the trench from the contributing area, the void space, and the infiltration rate. Because the infiltration trench is filled with stone, only the space between the stone is available for runoff storage. Effective designs call for infiltration trenches to be filled with 1.5-inch to 3.0-inch diameter clean washed stone. Conduct a geotechnical study to determine the final soil infiltration rate below the trench. For sizing purposes, assume a void ratio of 0.4. Take a minimum of two borings or observation pits for each infiltration trench. For trenches over 100 feet long, include at least one additional boring or pit for each 50-foot increment. Take borings or dig observation pits at the actual location of the proposed infiltration trench to determine localized soil conditions. Base the design of the infiltration trench on the soil evaluation set forth in Volume 3. The minimum acceptable rate is 0.17 inches per hour. Never use the results of a Title 5 percolation test to estimate an infiltration rate, as these tend to greatly overestimate the rate that water will infiltrate into the subsurface. Place the maximum depth of the trench at least two feet above the seasonal high water table or bedrock, and below the frost line. Table IT.1 - Site Criteria for Infiltration Trenches 1. The contributing drainage area to any individual infiltration trench should be restricted to 5 acres or less. 2. The minimum depth to the seasonal high water table, bedrock, and/or impermeable layer should be 2 ft. from the bottom of the trench. 3. The minimum acceptable soil infiltration rate is 0.17 inches per hour. Infiltration trenches must be sized in accordance with the procedures set forth in Volume 3. 4. A minimum of 2 soil borings should be taken for each infiltration trench. Infiltration trenches over 100 ft. in length should include at least one additional boring location for each 50 ft. increment. Borings should be taken at the actual location of the proposed infiltration trench so that any localized soil conditions are detected. 5. Infiltration trenches should not be used at sites where soils have 30% or greater clay content, or 40% or greater silt clay content. Infiltration trenches will not function adequately in areas with hydrologic soils in group D and infiltration will be limited for hydrologic soils in group C. 6. Infiltration trenches should not be placed over fill materials. 7. The following setback requirements apply to infiltration trench installations: Distance from any slope greater than 5% to any surface exposed trench: minimum of 100 ft.• Distance from any slope greater than 20% to any underground trench: minimum of 100 ft.• Distance from septic system soil absorption system: minimum of 50 ft.• Distance from any private well: minimum of 100 feet, additional setback distance may be required depending • on hydrogeological conditions. Distance from any public groundwater drinking water supplies: Zone I radius, additional setback distance may • be required depending on hydrogeological conditions. Distance from any surface water supply and its tributaries: Zone A • 8. Distance from any surface water of the Commonwealth (other than surface drinking water supplies and their tributaries): minimum of 150 ft downslope and 100 ft upslope. 9. Distance from any building foundations including slab foundations without basements: minimum of 20 ft. Structural BMPs - Volume 2 | Chapter 2 page 98 Include vegetated buffers (20-foot minimum) around surface trenches. Place permeable filter fabric 6 to 12 inches below the surface of the trench, along the sides, and at the bottom of the trench. Use filter fabric, especially at the surface to prevent clogging; if failure does occur, it can be alleviated without reconstructing the infiltration trench. Another option is to place twelve inches of sand at the bottom of the trench. Install an observation well at the center of the trench to monitor how quickly runoff is clearing the system. Use a well-anchored, vertical perforated PVC pipe with a lockable above-ground cap. The visible surface of the trench may either be stone or grassed. Stone is easier to rake out when clogged. If it is vegetated with grasses, use fabric above the stone to keep the soil that serves as the planting medium from clogging the stone. When trenches are designed to accept sheet flow, take into account the grass surface when determining how much of the runoff will exfiltrate into the trench. A perforated pipe underdrain is sometimes used as part of the design. The purpose of the underdrain is to facilitate exfiltration into the parent soil. Except for underdrains placed between different trench cells, MassDEP does not allow underdrains placed near the bottom of the trench. Placement of an underdrain near the bottom of the trench reduces the amount of treatment and exfiltration, because more water is conveyed through the underdrain to the outlet point when it rains than exfiltrates into the surrounding soils. Construction Table IT.2 presents the minimum construction criteria for infiltration trenches. Take precautions before and during construction to minimize the risk of premature failure of the infiltration trench. First, prevent heavy equipment from operating at the locations where infiltration trenches are planned. Heavy equipment will compact soil and adversely affect the performance of the trench. Isolate the areas where the trenches will be located by roping them off and flagging them. Construct infiltration trenches only after the site has been stabilized. Never use trenches as temporary sediment traps during construction. Use diversion berms or staked and lined hay bales around the perimeter of the trenches during their construction. Excavate and build the trench manually or with light earth-moving equipment. Deposit all excavated material downgradient of the trench to prevent re- deposition during runoff events. Line the sides and bottom of the trench with permeable geotextile fabric. Twelve inches of sand (clean, fine aggregate) may be substituted or used in addition on the bottom. Place one to three inches of clean, washed stone in the lined trench and lightly compact the stone with plate compactors, to within approximately one foot of the surface. Place fabric filter over the top, with at least a 12-inch overlap on both sides. An underground trench may be filled with topsoil and planted. A surface trench may be filled with additional aggregate stone. Divert drainage away from the infiltration trench until the contributing drainage area is fully stabilized, including full establishment of any vegetation. Table IT.2 - Construction Criteria for Infiltration Trenches 1. Infiltration trenches should never serve as temporary sediment traps for construction. 2. Before the development site is graded, the area of the infiltration trench should be roped off and flagged to prevent heavy equipment from compacting the underlying soils. 3. Infiltration trenches should not be constructed until the entire contributing drainage area has been stabilized. Diversion berms should be placed around the perimeter or the infiltration trench during all phases of construction. Sediment and erosion controls should be used to keep runoff and sediment away from the trench area. 4. During and after excavation, all excavated materials should be placed downstream, away from the infiltration trench, to prevent redeposition of these materials during runoff events. These materials should be properly handled and disposed of during and after construction. Light earth-moving equipment should be used to excavate the infiltration trench. Use of heavy equipment causes compaction of the soils in the trench floor, resulting in reduced infiltration capacity. Structural BMPs - Volume 2 | Chapter 2 page 99 Maintenance Because infiltration trenches are prone to failure due to clogging, it is imperative that they be aggressively maintained on a regular schedule. Using pretreatment BMPs will significantly reduce the maintenance requirements for the trench itself. Removing accumulated sediment from a deep sump catch basin or a vegetated filter strip is considerably less difficult and less costly than rehabilitating a trench. Eventually, the infiltration trench will have to be rehabilitated, but regular maintenance will prolong its operational life and delay the day when rehabilitation is needed. With appropriate design and aggressive maintenance, rehabilitation can be delayed for a decade or more. Perform preventive maintenance at least twice a year. Inspect and clean pretreatment BMPs every six months and after every major storm event (2 year return frequency). Check inlet and outlet pipes to determine if they are clogged. Remove accumulated sediment, trash, debris, leaves and grass clippings from mowing. Remove tree seedlings, before they become firmly established. Inspect the infiltration trench after the first several rainfall events, after all major storms, and on regularly scheduled dates every six months. If the top of the trench is grassed, it must be mowed on a seasonal basis. Grass height must be maintained to be no more than four inches. Routinely remove grass clippings leaves and accumulated sediment from the surface of the trench. Inspect the trench 24 hours or several days after a rain event, to look for ponded water. If there is ponded water at the surface of the trench, it is likely that the trench surface is clogged. To address surface clogging, remove and replace the topsoil or first layer of stone aggregate and the filter fabric. If water is ponded inside the trench, it may indicate that the bottom of the trench has failed. To rehabilitate a failed trench, all accumulated sediment must be stripped from the bottom, the bottom of the trench must be scarified and tilled to induce infiltration, and all of the stone aggregate and filter fabric or media must be removed and replaced. REFERENCES: California Stormwater Quality Association, 2003, California Stormwater BMP Handbook 1 of 7, New Development and Redevelopment, Infiltration Trench, Practice TC-10, http:// www.cabmphandbooks.com/Documents/Development/ TC-10.pdf Center for Watershed Protection, Stormwater Management Fact Sheet, Infiltration Trench, http://www. stormwatercenter.net/Assorted%20Fact%20Sheets/ Tool6_Stormwater_Practices/Infiltration%20Practice/ Infiltration%20Trench.htm Center for Watershed Protection, Stormwater Design Example, Infiltration Trench, http://www. stormwatercenter.net/Manual_Builder/infiltration_design_ example.htm Duchene, M., McBean, E.A., Thomson, N.R., 1994, Modeling of Infiltration from Trenches for Storm-Water Control, Journal of Water Resources Planning and Management, Vol. 120, No. 3, pp. 276-293 Dewberry Companies, 2002, Land Development Handbook, McGraw Hill, New York, pp. 521, 523. Georgia Stormwater Management Manual, Section 3.2.5, Infiltration Trench, Pp. 3.2-75 to 3.2-88, http://www. georgiastormwater.com/vol2/3-2-5.pdf Guo, James C.Y., 2001, Design of Infiltration Basins for Stormwater, in Mays, Larry W. (ed.), 2001, Stormwater Collection Systems Design Handbook, McGraw-Hill, New York, pp. 9.1 to 9.35 Livingston, E.H. 2000. Lessons Learned about Successfully Using Infiltration Practices. Pp 81-96 in National Conference on Tools for Urban Water Resource Management and Protection Proceedings of Conference held February 7-10, 2000 in Chicago, IL. EPA/625/R-00/001 Metropolitan Council, 2001, Minnesota Urban Small Sites BMP Manual, Infiltration Trenches, Pp. 3-169 to 3-180 http:// www.metrocouncil.org/Environment/Watershed/BMP/ CH3_STInfilTrenches.pdf U.S. EPA, 1999, Stormwater Technology Fact Sheet, Infiltration Trench, EPA 832-F-99-019, http://www.epa.gov/ owm/mtb/infltrenc.pdf Structural BMPs - Volume 2 | Chapter 2 page 118 Description: Porous pavement is a paved surface with a higher than normal percentage of air voids to allow water to pass through it and infiltrate into the subsoil. This porous surface replaces traditional pavement, allowing parking lot, driveway, and roadway runoff to infiltrate directly into the soil and receive water quality treatment. All permeable paving systems consist of a durable, load-bearing, pervious surface overlying a stone bed that stores rainwater before it infiltrates into the underlying soil. Permeable paving techniques include porous asphalt, pervious concrete, paving stones, and manufactured “grass pavers” made of concrete or plastic. Permeable paving may be used for walkways, patios, plazas, driveways, parking stalls, and overflow parking areas. Porous Pavement Advantages/Benefits: Reduce stormwater runoff volume from paved • surfaces Reduce peak discharge rates. • Increase recharge through infiltration. • Reduce pollutant transport through direct • infiltration. Can last for decades in cold climates if properly • designed, installed, and maintained Improved site landscaping benefits (grass pavers • only). Can be used as a retrofit when parking lots are • replaced. Disadvantages/Limitations: Prone to clogging so aggressive maintenance • with jet washing and vacuum street sweepers is required. No winter sanding is allowed.• Winter road salt and deicer runoff concern • near drinking water supplies for both porous pavements and impervious pavements. Soils need to have a permeability of at least 0.17 • inches per hour. Special care is needed to avoid compacting • underlying parent soils. Standard Description 2 - Peak Flow Provides peak flow attenuation for small storms. 3 - Recharge Provides groundwater recharge. 4 - TSS Removal 80% TSS Removal credit if storage bed is sized to hold ½-inch or 1-inch Water Quality Volume, and designed to drain within 72 hours. 5 - Higher Pollutant Loading Not suitable. 6 - Discharges near or to Critical Areas Not suitable especially within Zone IIs or Zone A’s of public water supplies. 7 - Redevelopment Suitable. Ability to meet specific standards Pollutant Removal Efficiencies Total Suspended Solids (TSS) 80% • Nutrients • (Nitrogen, phosphorus) Insufficient data Metals • (copper, lead, zinc, cadmium) Insufficient data Pathogens • (coliform, e coli) Insufficient data Structural BMPs - Volume 2 | Chapter 2 page 119 Maintenance Special Features Most appropriate for pedestrian-only areas and for low-volume, low-speed areas such as overflow parking areas, residential driveways, alleys, and parking stalls. Activity Frequency Monitor to ensure that the paving surface drains properly after storms As needed For porous asphalts and concretes, clean the surface using power washer to dislodge trapped particles and then vacuum sweep the area. For paving stones, add joint material (sand) to replace material that has been transported. As needed Inspect the surface annually for deterioration Annually Assess exfiltration capability at least once a year. When exfiltration capacity is found to decline, implement measures from the Operation and Maintenance Plan to restore original exfiltration capacity. As needed, but at least once a year Reseed grass pavers to fill in bare spots.As needed adapted from the University of New Hampshire Structural BMPs - Volume 2 | Chapter 2 page 120 Porous Pavement Applicability Porous pavement, also known as permeable paving, is appropriate for pedestrian-only areas and for low-volume, low-speed areas such as overflow parking areas, residential driveways, alleys, parking stalls, bikepaths, walkways, and patios. It can be constructed where the underlying soils have a permeability of at least 0.17 inches per hour. Porous paving is an excellent technique for dense urban areas, because it does not require any additional land. Porous pavement can be successfully installed in cold climates as long as the design includes features to reduce frost heaving. Porous paving is not appropriate for high traffic/ high speed areas, because it has lower load-bearing capacity than conventional pavement. Do not use porous pavement in areas of higher potential pollutant loads, because stormwater cannot be pretreated prior to infiltration. Heavy winter sanding will clog joints and void spaces. On some highways, MassHighway Department uses an Open Graded Friction Course (OGF) that has a permeable top coat but an impermeable base course. MassDEP provides no Water Quality or Recharge Credit for OGC, because it does not provide treatment or recharge. The primary benefit of OGF pavements is reductions in noise and hydroplaning. Effectiveness Porous pavement provides groundwater recharge and reduces stormwater runoff volume. Depending on design, paving material, soil type, and rainfall, porous paving can infiltrate as much as 70% to 80% of annual rainfall. To qualify for the Water Quality and Recharge Credits, size the storage layer to hold the Required Water Quality or Required Recharge Volume, whichever is larger, using the Static Method, and design the system to dewater within 72 hours. Porous pavement may reduce peak discharge rates significantly by diverting stormwater into the ground and away from pipe-and-basin stormwater management systems, up to the volume housed in the storage layer. Grass pavers can improve site appearance by providing vegetation where there would otherwise be pavement. Porous paving can increase the effective developable area of a site, because the infiltration provided by permeable paving can significantly reduce the need for large stormwater management structures. Planning considerations Porous paving must not receive stormwater from other drainage areas, especially any areas that are not fully stabilized. Use porous paving only on gentle slopes (less than 5%). Do not use it in high-traffic areas or where it will be subject to heavy axle loads. Consider the setback requirements when considering porous pavement: Considerations Setback Requirements Slope Less than 5% Septic system soil absorption system 50 feet Private well 100 feet Public well Outside the Zone 1 Public reservoir Outside the Zone A Surface Waters 100 feet Cellar Foundations 20 feet Slab Foundations 10 feet Property Lines 10 feet Minimum depth 2 feet vertical separation above seasonal high groundwater from bottom of storage layer Frost Line Below frost line Bedrock Porous paving reduces the need for other stormwater conveyances and treatment structures, resulting in cost savings. Permeable paving also reduces the amount of land needed for stormwater management. Design There are three major types of permeable paving: Porous asphalt and pervious concrete.• Although it appears to be the same as traditional asphalt or concrete pavement, it is mixed with a very low content of fine sand, so that it has from 10%-25% void space. As with any stormwater exfiltration system, determine if it is feasible in locations with high bedrock. Presence of bedrock near land surface reduces the ability of soils to exfiltrate to groundwater. Structural BMPs - Volume 2 | Chapter 2 page 121 Paving stones• (also known as unit pavers) are impermeable blocks made of brick, stone, or concrete, set on a prepared sand base. The joints between the blocks are filled with sand or stone dust to allow water to percolate to the subsurface. Some concrete paving stones have an open cell design to increase permeability. Grass pavers• (also known as turf blocks) are a type of open-cell unit paver in which the cells are filled with soil and planted with turf. The pavers, made of concrete or synthetic material, distribute the weight of traffic and prevent compression of the underlying soil. Each of these products is constructed over a storage bed. Storage Bed Design The University of New Hampshire has developed specifications for storage beds used in connection with porous asphalt or pervious concrete. According to UNH, the storage bed should be constructed as indicated in Figure PP 1 with the following components from top to bottom: a 4-inch choker course comprised of uniformly • graded crushed stone, a filter course, at least 12 inches thick, of poorly • graded sand or bankrun gravel to provide enhanced filtration and delayed infiltration a filter blanket, at least 3 inches thick, of pea • stone gravel to prevent material from entering the reservoir course, and a reservoir course of uniformly graded crushed • stone with a high void content to maximize the storage of infiltrated water and to create a capillary barrier to winter freeze thaw. The bottom of the stone reservoir must be completely flat so that runoff can infiltrate through the entire surface. The size of the storage bed may have to be increased to accommodate the larger of the Required Water Quality and the Required Recharge Volume. If paving stones or grass pavers are used, a top course of sand that is one inch thick should be placed above the choker coarse. Overflow Edge Some designs incorporate an “overflow edge,” which is a trench surrounding the edge of the pavement. The trench connects to the stone reservoir below the surface of the pavement and acts as a backup in case the surface clogs. Preparation of Porous Asphalt Care must be taken in batching and placing porous asphalt. Unless batched and installed properly, porous pavement may have a reduced exfiltration ability. At Walden Pond State Reservation, several of the areas paved with porous asphalt did not meet the target exfiltration rate. Cores were taken and it was found that the batches had more sand and/or asphalt than was specified, and those sections had to be removed and repaved. It is critical to minimize the amount of asphalt binder. Using greater amounts of asphalt binder could lead to a greater likelihood of “binder” or asphalt drawdown and clogging of voids. Sun light heating can liquefy the asphalt. The liquefied asphalt then drains into the voids, clogging them. Such clogging is not remedied by power washing and vacuuming. The topcoat in such instances needs to be scarified and resurfaced. The University of New Hampshire has prepared detailed specifications for preparing and installing pourous asphalt that are intended to prevent asphalt problems. Additional Design Considerations Provide an open-graded subbase with minimum • 40% void space. Use surface and stone beds to accommodate • design traffic loads Generally, do not use porous pavement for slopes • greater than 5 %. Do not place bottom on compacted fill.• Provide perforated pipe network along bed • bottoms for distribution Provide a three-foot buffer between the bed • bottom and the seasonal high groundwater elevation, and a two-foot buffer for bedrock. Cold Weather Design Considerations Porous pavement performs well in cold climates. Porous pavement can reduce meltwater runoff and avoid excessive water on the road during the snowmelt period. In cold climates, the major concern is the potential for frost heaving. The storage bed specifications prepared by the University of New Hampshire address this concern. Structural BMPs - Volume 2 | Chapter 2 page 122 Maintenance In most porous pavement designs, the pavement itself acts as pretreatment to the stone reservoir below. Consequently, frequent cleaning and maintenance of the pavement surface is critical to prevent clogging. To keep the surface clean, frequent vacuum sweeping along with jet washing of asphalt and concrete pavement is required. No winter sanding shall be conducted on the porous surface. As discussed, designs that include an “overflow edge” provide a backup in case the surface clogs. If the surface clogs, stormwater will flow over the surface and into the trench, where some infiltration and treatment will occur. For proper maintenance: Post signs identifying porous pavement areas. • Minimize salt use during winter months. If • drinking water sources are located nearby (see setbacks), porous pavements may not be allowed. No winter sanding is allowed.• Keep landscaped areas well maintained to • prevent soil from being transported onto the pavement. Clean the surface using vacuum sweeping • machines monthly. For paving stones, periodically add joint material (sand) to replace material that has been transported. Regularly monitor the paving surface to make • sure it drains properly after storms. Never reseal or repave with impermeable • materials. Inspect the surface annually for deterioration or • spalling. Periodically reseed grass pavers to fill in bare • spots. Attach rollers to the bottoms of snowplows to • prevent them from catching on the edges of grass pavers and some paving stones. Adapted from: MassDEP, Massachusetts Nonpoint Source Pollution Management Manual, 2006. References Ferguson, Bruce, K., Porous Pavements, 2005, CRC Press. Taylor and Francis Group, Boca Raton UNH, 2007, UNHSC Design Specifications for Porous Asphalt Pavement and Infiltration Beds, Revised October 2007, http://www.unh.edu/erg/ cstev/pubs_specs_info/unhsc_pa_apec_07_07_final. pdf Asphalt Pavement for Stormwater Management, http://www.unh.edu/erg/cstev/pubs_specs_info/ porous_ashpalt_fact_sheet.pdf University of New Hampshire Center for Stormwater Technology Evaluation and Verification; this research group tests and evaluates stormwater BMPs on the UNH campus. An article about the use of permeable pavers at • the Westfarms Mall in Connecticut. Case Studies from Uni-Group USA, a block paver • manufacturer. The Nonpoint Education For Municipal Officials • program at the University of Connecticut has been involved in numerous permeable paving pilot projects. Permeable paver specifications courtesy of the • Low Impact Development Center. Porous pavement design and operational criteria • from the US Environmental Protection Agency, which also publishes a Low Impact Development Page. Also see this report on a Field Evaluation of Permeable Pavements for Stormwater Management (PDF.) New Jersey Stormwater Best Management • Practices Manual February 2004. Structural BMPs - Volume 2 | Chapter 2 page 123 Description: Cisterns and rain barrels are structures that store rooftop runoff and reuse it for landscaping and other non-potable uses. Instead of a nuisance to get rid of, consider rooftop runoff as a resource that can be reused or infiltrated. In contrast, conventional stormwater management strategies take rooftop runoff, which is often relatively free of pollutants, and direct it into the stormwater treatment system along with runoff from paved areas. Rain Barrels & Cisterns Advantages/Benefits: Can reduce water demand for irrigation or other • non-potable uses. Property owners save money on water bills by • using stored water for landscape purposes. Public water systems may experience lower • peak demand in summer. When properly installed, rain barrels and • cisterns reduce stormwater runoff volume for small storms. Disadvantages/Limitations: Provides mosquito-breeding habitat unless • properly sealed. May need to be disconnected and drained in • winter to avoid cracking of storage structure Standard Description 2 - Peak Flow Provides peak flow attenuation for small storms. 3 - Recharge Provides no groundwater recharge. 4 - TSS Removal The roof surface can be deducted from the impervious area used to calculate the Required Water Quality Volume for sizing other structural treatment BMPs, a) when rain barrel or cistern is sized to store the Required Water Quality Volume for the roof surface (0.5 inch or 1.0 inch), b) stored water is used within 72-hours or discharged to an infiltration BMP, and c) the system is designed to operate year round. 5 - Higher Pollutant Loading Not applicable. 6 - Discharges near or to Critical Areas Not applicable. 7 - Redevelopment Suitable. Ability to meet specific standards Pollutant Removal Efficiencies Offers no primary pollutant removal benefits• Rooftop Runoff presumed to be clean• 1 1Although MassDEP presumes rooftop runoff to be clean for purposes of the Stormwater Management Standards, research indicates higher PAHs in runoff from asphalt shingled roofs and zinc from metal roofs. USGS research in Texas indicates rooftop runoff contains mercury. Before using rooftop runoff for vegetable gardens, investigate the quality of the runoff, especially when using larvicides in rain barrels or cisterns for mosquito control. Structural BMPs - Volume 2 | Chapter 2 page 124 Maintenance Special Features Direct overflow from rain barrels and cisterns to a dry well, infiltration trench, rain garden, bioretention area, or other infiltration BMP sized to recharge the overflow volume. Activity Frequency Maintenance requirements for cisterns and rain barrels are minimal. These requirements include the following: Inspecting the unit twice a year, larviciding for mosquito control, disconnecting and draining the system prior to winter to prevent cracking, and replacing or repairing any worn-out pieces. Structural BMPs - Volume 2 | Chapter 2 page 125 Rain Barrels & Cisterns Applications and Design Principles The most common approach to roof runoff storage involves directing each downspout to a 55-gallon rain barrel. A hose is attached to a faucet at the bottom of the barrel and water is distributed by gravity pressure. A more sophisticated and effective technique is to route multiple downspouts to a partially or fully buried cistern with an electric pump for distribution. Where site designs permit, cisterns may be quite large, and shared by multiple households, achieving economies of scale. Stored rainwater can be used for lawn irrigation, vegetable and flower gardens, houseplants, car washing, and cleaning windows. The roof surface can be deducted from the impervious surfaces used to determine the Required Water Quality Volume for sizing other structural treatment practices, only when a) the cistern or barrel can store the required water quality volume for the roof surface, b) the stored water is used or discharged to an infiltration BMP within 72-hours, and c) the system is designed to operate 365 days a year. Cisterns and rain barrels can provide benefits by reducing the required water quality volume and peak discharge rates depending on the amount of storage available at the beginning of each storm. One rain barrel may provide a useful amount of water for garden irrigation, but it will have little effect on overall runoff volumes, especially if the entire tank is not drained between storms. Improve effectiveness by having more storage volume and by designing the system with a continuous discharge to an infiltration structure, so that there is always storage available for retention. To operate the system year-round, bury or insulate the unit. State Plumbing Code requirements apply to cisterns and rain barrels located within 10 feet of a building. All applicable requirements of the Massachusetts State Plumbing or State Building Codes must be met. Cisterns and rain barrels are applicable to most commercial and residential properties where there is a gutter and downspout system to direct roof runoff to the storage tank. They take up little room and can be used in dense urban areas. Rain barrels and cisterns are excellent retrofit techniques for almost any circumstance. Rain barrels are covered plastic tanks that can hold from 50 to 100 gallons with a hole in the top for downspout discharge, an overflow outlet, and a valve and hose adapter at the bottom. They are used almost exclusively on residential properties. Plastic rain barrels are typically installed above ground. They must be disconnected prior to the winter, and the barrel drained completely to prevent the barrel from cracking. Because rain barrels rely on gravity flow, place them near, and slightly higher than, the point of use (whether a garden, flower bed, or lawn). Route the overflow outlet to a dry well, bioretention area, rain garden or other infiltration BMP. It is important for property owners to use the water in rain barrels on a regular basis, otherwise the barrels can fill up and prevent additional roof runoff from being stored. Each house should have the appropriate number of rain barrels or an appropriately sized cistern. A one-inch storm produces over 620 gallons of water from a 1,000 square foot roof. Assuming a rain barrel capacity of 55 gallons, it would take 11 rain barrels to store one inch of runoff from 1,000 square feet of roof. Cisterns are partially or fully buried tanks with a secure cover and a discharge pump; they provide considerably more storage than barrels, as well as pressurized distribution. They are less susceptible to cracking induced by expansion of freezing water when buried below grade. Cisterns can collect water from multiple downspouts or even multiple roofs, and then distribute this water wherever it needs to go via an electric pump. Property owners may use one large tank or multiple tanks in series. Either way, direct the overflow for the systems to a dry well or other infiltration mechanism so that if the cistern is full, excess roof runoff is infiltrated, and not discharged to the stormwater treatment system. Some cisterns are designed to continuously discharge water into infiltration units at very slow rates, so that the tank slowly empties after a storm, providing more storage for the next storm. The cisterns must also be designed to dewater in 72 hours or less. Design Because of the low pressure of the discharge, rain barrels are most effectively used with a drip irrigation system. Secure rain barrels against disturbance by children or animals. Seal any openings with mosquito netting. If present, place the cistern’s continuous discharge outlet so that the tank does not empty completely. This ensures water availability at all times, and provides some storage capacity for every storm. A diverter at the cistern inlet can redirect Structural BMPs - Volume 2 | Chapter 2 page 126 the “first flush” of runoff, which is more likely to have particulates, leaves, and air-deposited contaminants washed off the roof. Keep leaves and debris out of the storage tank by placing a screen at the top of the downspout. Hide rain barrels and cisterns with shrubs or other landscaped features. Direct overflow from rain barrels and cisterns to a dry well, infiltration trench, rain garden, bioretention area, or other infiltration BMP sized to recharge the overflow volume. Use pond routing methods to design cisterns or rain barrels to account for retention of early runoff in the storage tank. Include access ports for any subsurface cisterns. Confined space entry training may be needed to enter large cisterns. MassDEP does not require treatment of runoff from non-metal roofs prior to infiltration. Maintenance Maintenance requirements for rain barrels are minimal and consist only of inspecting the unit as a whole and any of its constituent parts and accessories twice a year. The following components should be routinely inspected and either repaired or replaced as needed: Roof catchment,• to ensure that trash and particulate matter are not entering the gutter and downspout to the rain barrel. Gutters,• to ensure that no leaks or obstructions are occurring. Downspouts,• to assure that no leaks or obstructions are occurring. Entrance at rain barrel,• to ensure that there are no obstructions and/or leaks occurring. Rain barrel,• to check for potential leaks, including barrel top and seal. Runoff / overflow pipe,• to check that overflow is draining in non-erosive manner. Spigot,• to ensure that it is functioning correctly. Any accessories,• such as rain diverter, soaker hose, linking kit, and additional guttering. Apply larvicides in strict accordance with all Mass. • Department of Agricultural Resources Pesticide Bureau regulations to prevent mosquitoes from reaching adulthood. Add bleach or other chemicals annually to • kill bacteria present in the system. A qualified professional should determine appropriate treatment. Drain the system before winter• if it is located above ground or partially exposed, to prevent cracking. Disconnect the system from roof leaders in the • fall, if water is not intended to be used during the winter, unless the runoff is directed to a qualifying stormwater infiltration practice. When the cistern or barrel is connected to a • stormwater recharge system, remove particulates trapped in the cistern or rain barrel annually to limit clogging of the stormwater infiltration system. Adapted from: MAPC Low Impact Development Toolkit. For more information, go to www.mapc.org/lid and www.arc-of-innovation.org. Additional Information http://www.rainwaterrecovery.com/about.html www.crwa.org (Charles River Watershed Association) Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! Build it and Clean Water will Come! A Rain Garden Guide for Homeowners Michelle West, P.E. Michelle is a senior water resources engineer with more than 18 years of professional experience. With a background in both engineering and natural resources, she is passionate about using her skills to restore the natural world while improving the human experience. Have you joined the rain garden craze yet? Inspired by an article, your neighbor’s rain garden, or our Rain Garden Wednesdays on Instagram? Want to do your part to improve your local water quality and wildlife habitat? It’s easier than you think! What is a Rain Garden? Rain gardens are actually very simple. They are just shallow depressions – too shallow to even call a hole! – with plants. But, rain gardens are not just isolated depressions placed randomly out in a yard. They are specifically sized and placed to absorb stormwater runoff, the water that flows from your built impervious surfaces such as rooftops, driveways, roads, parking lots, and even compacted lawn areas when it rains. And that’s it! Well, not quite, since rain gardens do take a bit of planning and physical labor, which we will get to in a bit. Cross-section of a typical rain garden Maybe the better question to ask is “why a rain garden”? What’s so bad about stormwater runoff? Why all the fuss? It’s just rainwater straight from the sky – isn’t that natural? Unfortunately, no. All of those impervious surfaces that we built for our shelter and transportation prevent the clean rainwater from soaking into the ground like it did before we developed the land. Dirt, fertilizer, soaps, oils, metals, and even animal poop build up on these hard surfaces and get carried away with the stormwater. In addition to creating water pollution, when your runoff joins up with your neighborhood’s runoff, it can cause flooding and erosion, damage infrastructure, degrade aquatic ecosystems, and close shellfishing areas and beaches. While runoff from just your home or business may not cause much of a problem, the cumulative impact from everyone’s home and business really does. Rain gardens are one beautiful way to “break the impervious chain” of roof to downspout to driveway to road to stream, pond, or bay. They use soils and plants to filter pollutants and help water soak in rather than run off. Please remember that rain gardens are NOT ponds or wetlands - they should drain in less than 24 hours after a rainfall. Use the four-step process below to create one at your house! Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! These graphics show how “breaking the impervious chain” slows, cleans, and reduces the stormwater leaving a site. Step 1 – Site Selection This step really is the most important. Choosing the wrong location for your rain garden can at best, waste your time and money, and at worst, cause drainage issues in your yard. So, take your time with Step 1! Walk your property to get the general lay of the land. Where does the water go? Determine existing stormwater flow paths. Note the location of underground pipes, trees, structures, property lines, septic systems, etc. What kind of soils do you have? (e.g., sand, clay, etc.) Areas of well-drained sand are ideal but not mandatory. Pick a good general location for your rain garden. Try to avoid areas that: X Are within 10 ft of a wall or basement, 2 ft of a sidewalk/driveway; and 50 ft of a septic system X Stay consistently wet X Have high groundwater or bedrock X Are under trees or on steep slopes or where getting water into and out of the rain garden is difficult. Helpful Tip - Existing flat areas are the best, at least on your shoulders and back if you are digging it by hand! Step 2 - Design Now that you have a general location, you can get to the fun part – designing your rain garden! You do not need to be an engineer to complete this step, I promise (although I understand how hollow that sounds coming from an engineer…)! While it is important to understand roughly how big your rain garden should be, this does not have to be an exact calculation - there is a lot of wiggle room here. Most importantly, have fun with the shape and look of your rain garden! Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! Don’t be afraid to make a sketch! You don’t need to be an artist to jot down a meaningful sketch that helps you visualize your yard and find a great place for your rain garden. Estimate impervious areas (IA) draining to your rain garden. This is the size (ft2) of your rooftops, driveways, patios, etc., that are uphill from your rain garden. So it may just be a portion of your roof or half of your driveway, while the other half drains to the other side of your yard. Don’t over count! Size the rain garden (RG) surface area to hold at least 1 inch of rain (P=0.08 ft). One inch is a good target to shoot for since 90% of all storm events in the Northeast are 1 inch or less, causing the majority of all stormwater pollution. Typical rain gardens are 100-200 ft2. Choose a ponding depth (D). This is not a depth of permanent standing water, but instead, the maximum depth of water during and immediately after a rain event. Typical rain gardens are 6 inches deep (D=0.5 ft) – you can go deeper for sandy soils (up to 8”), whereas tight soils (with a lot of silt or clay) require a larger surface area with shallower depths (minimum 3”). Now wait, you say, this is starting to sound like math! But you promised! Never fear – you can use the cheat sheet in Table 1 to figure out your rain garden surface area. Just pick your ponding depth and size of impervious area, and we did the math for you! But if you love equations like I do, you can do your own calculations with the following equation: RG (ft2) = IA (ft2) * P (ft) D (ft) Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! And that’s it – now you now how big your rain garden needs to be! What’s next? Amend soils if necessary to improve infiltration and provide organic matter for plants. Add a 3” layer of coarse sand for sites with clayey soils or 3” of leaf compost for really sandy sites. Helpful Tip - For a 100 ft2 rain garden, a 3” layer of amendments = 1 cubic yard Figure out how to get the water in your garden, and perhaps more importantly, how it will get out during really big storms. For inlets, consider using an extended downspout or pipe, vegetated or stone-lined swales, diversion berms, or just direct the surface flow over lawn. The key is to make sure you don’t have erosion at the inlet location – use rock if you see erosion. For overflows, just make sure you know where the water will go if the rain garden overflows: X Avoid directing overflow to other properties or structures  Make berms higher near buildings  Direct flows over lawns or into existing drain inlets or wherever the stormwater goes today. Helpful Tip - Remember, you are not creating more water than you had before – the drainage area is the same. Rather, you are actually reducing the total amount of runoff with your rain garden. So as long as you are not redirecting runoff in a completely different direction, the rain garden should be improving conditions, not creating new problems! Pick your plants!  Use plant species tolerant to both wet and dry conditions.  Native species are preferred and DO NOT plant invasive vegetation X Avoid using edible plants, particularly if treating driveway or road runoff  Provide for variable heights, color, leaf shape (trees, shrubs, herbaceous) X Avoid placing woody vegetation at inflow/outflow locations to avoid clogging  Consider visual appeal and wildlife habitat in all seasons (e.g., fall flowers for pollinators; winter berries for birds, etc.) Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! But wait, which plants do I use? Don’t worry if you are not a master gardener! You can usually ask at your local nursery or find a list online. There is probably a rain garden plant list for your location, but the recommended species are pretty similar throughout the Northeast, so don’t worry if you can’t find one for your specific area. Here are two example lists you can start with from UMASS and APCC: https://ag.umass.edu/landscape/fact-sheets/rain-gardens-way-to-improve-water-quality https://apcc.org/raingardens/apcc-rain-garden-plant-list.pdf You can also find lists of invasive species to avoid in your area. Here is a sample list of the invasive species in Massachusetts: https://www.mass.gov/service-details/invasive-plants Step 3 – Install Now that you’ve got your hand sketch of your rain garden location and design, it’s time to get your hands dirty. Round up your friends and family, or even better, your neighbors (maybe they’ll want one next!), to help you with the installation. Don’t forget to do the following before you get started, though: Check with the Town or City to see if you need a permit and call for utility locations before you dig! Mark the excavation footprint with string or spray paint. Spray-painted location of a rain garden – the solid line indicates bottom of bed and the dotted line is for the top of slope, leaving space to provide gentle side slopes rather than vertical walls. Install erosion & sediment controls if necessary (like silt fence or silt sock). Find a place to stockpile materials. Remove grass (reuse, if possible). Helpful Tip – Use a tarp for stockpiling materials to make cleanup so much easier! Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! Now, you are ready for the actual work! Start digging! Dig to the desired ponding depth (3-8”) along with another 2-3” if you are adding a mulch layer. May also need to over-dig another 3-6” to aerate compacted soils or for adding soil amendments. Use excavated material to create berms if needed. Mix any amendments into the native soil with shovels and rakes. Be sure to make the bottom of ponding area flat. This is the most important part of the install. The rain garden should fill up uniformly like a bathtub. Helpful Tip - You can check this easily at home using two stakes, a string, a string level, and a measuring tape! Install inlet and overflow components. Plant! Arrange plants first, then remove from containers. Loosen root-bound plants and dig holes 2x wider than the root ball. Leave room for mulch layer if adding. Plugs can go in after mulch. Add mulch/organic surface layer (1-3”) or just around plants (preferred). Protect small plants. Helpful Tip - Don’t be afraid to “decorate” with rocks, particularly any you found while you were digging! Looks cool and saves you time and effort to get rid of them. Horsley Witten Group, Inc. *Remember, this information is great for most sites, but if your property is really steep or you have complicated drainage issues, please do reach out to a professional to help you! Turn on water to inspect flow path and to soak plants. If your inlet is a roof downspout, it is fun to spray water on your roof and watch the rain garden in action! Clean up site. Remove any erosion controls once area is stabilized (i.e., the plants and/or seed are well established!). Pat yourself on the back and enjoy your rain garden! Table 2 – Sample rain garden supply list Step 4 – Maintain Unfortunately, yes, your rain garden will need to be maintained like everything else. But the level of effort required is really based on how “nice” you want it to look. If you are going for the more wild, natural look, maintenance will be pretty minimal. If you want it to be a more ornamental feature in your yard, then you will need to keep up with it just like your other ornamental beds. Inspect your rain garden after storms and during regular landscaping activities. Be sure to look for: X Weeds and invasive plants X Sediment build-up X Debris and trash X Dying plants and grasses X Erosion/gullying X Inlet/outlet clogging X Standing water/drainage issues Maintenance activities will include:  Vegetation pruning and trimming  Debris and sediment removal  Plant and mulch replacement  Stabilization of any eroded areas with rock or plants  Soil amendments for areas that pond water >24 hours after rain X No fertilization is recommended We hope this helps you put a rain garden in at your house! If you want to use a downloadable rain garden App on your smart phone or tablet, we recommend the one that our friends at the University of Connecticut developed: http://nemo.uconn.edu/raingardens Rain Garden Supply List Qu Unit Notes Materials Compost for 3 inches of soil amendments 1.5 cy Mix compost with existing soil for bottom of RG Mulch, 2 inches with extra for blending existing beds 1.5 cy Tarps for stockpiles 3-4 ea Plants 100 ea See RG sketch for proposed layout Washed stone for downspouts 1 cf couple of bags should do Non-woven filter fabric for use under the stone inlet and overflow – (roll 6’ wide)6 sf only need a pretty small strip Fabric staples 1 box Grass seed for stabilizing disturbed areas outside of rain garden 1 bag or re-use sod Erosion controls (silt fence or silt sock)50 ft ~30 ft for downgradient of RG and ~20 ft for around soil stockpile if needed Spray paint for marking garden footprint 1 can Gloves Tape measure Shovels (both spade and flat) Rake Pitchfork Stakes and string Tools String level Hammer Trowel Utility knife for cutting fabric Hose for watering Wheelbarrow